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LETTER FROM JOHN ROSS, 

L0 



THE 



He* 



PRINCIPAL CHIEF OF THE CHEROKEE NATION, 



TO 



A GENTLEMAN OF PHILADELPHIA. 



LETTER FROM JOHN ROSS, 



THE 



PRINCIPAL CHIEF OF THE CHEROKEE NATION, 



TO 



A GENTLEMAN OF PHILADELPHIA. 









f-M 



REMARKS. 

The following letter was received in Philadelphia, about the 
period of its date, in May last. Its appearance was deferred, 
in consequence of a desire to accompany it with a few observa- 
tions upon the general subject of Indian annals in the United 
States. The preparation of these has been so long delayed, 
that further postponement would be inexcusable. It has, there- 
fore, been determined to give publicity to the letter, reserving 
its intended accompaniment for a future occasion, and a dif- 
ferent medium. 

The writer is sensible of the lameness of his apology for so 
long withholding from the public, a production of so much 
interest and merit; and seeks to lessen the blame he might incur 
by expressing the hope, that it may induce a second communi- 
cation from the author, detailing some events which have oc- 
curred since its composition. 

The temper of this epistle, will commend it to the kind con- 
sideration of every calm and dispassionate mind, whilst its 
facts and reasonings must carry conviction to all readers. It is 
a skilful and comprehensive survey of the Cherokee question, 
and unfolds in cool language, a course of conduct which makes 
the patriotic cheek burn with shame, and the patriotic heart 
glow with indignation. May its perusal produce the proper 
effect in the proper quarter, and induce those elevated measures 
which policy, humanity, and honour concur to recommend. 
No achievement of national might is equal, in greatness, to the 
performance of national justice, and without this, what is 
called national honour, is not only an empty name, but a false 
and ironical ascription. 

Philadelphia, December 26, 1337. 



LETTER. 



Washington City, May 6th, 1837. 
SIR, 

I return you my sincere thanks for your Discourse on the 
" Surviving Remnant of the Indian Race." We have found so 
little sympathy among our white brethren that every instance 
of its spontaneous exhibition touches us deeply. 

On the present occasion there are many reasons why we 
should be more than usually affected. Your vindication of 
our case is as generous and unexpected as it is elegant and able. 
The society of which you were the organ bears a name which 
every Indian delights to honour. 1 William Penn is one of 
those white men whose landing upon the shores of what was 
then the Indian's country, brought only peace and comfort. His 
influence was exerted in the cause of Christian benevolence and 
philanthropy. Cruelty and rapacity never followed in his foot- 
steps. The prosperity of the great commonwealth which he 
founded, was not fostered by the blood nor tears of the nations of 
the forest. We can fully appreciate the justice of the annual 
commemoration, by your society, of an event affording to all 
his race an example, which, had it been always followed, would 
have saved them from the responsibility and the consequences 
of many an act of oppression, of injustice, and of outrage, and 
ourselves from the agony of many a heartache. 

You have touched our case with a master's hand, and treated 
the whole subject of Cherokee affairs with great ability and 
intelligence. You have brought before your society a rapid 
notice of our recent history up to the time of the last action of 
congress upon our affairs. I wish you to be made acquainted 
with what has since transpired, and to know what has been 
done and is contemplated hereafter, with a view to spread before 

1 The Society for Commemorating the Landing of William Penn. 
2 



the American people and their government a full knowledge of 
our circumstances, for the purpose of awakening that interest in 
our behalf upon which we yet rest our hopes of justice, and 
of which we shall not to the last despair. 

With the history of our nation up to the period above advert- 
ed to, you are sufficiently informed to supersede the necessity 
for more than a very rapid retrospect. The friendly intercourse 
between the United States and the Cherokees, commenced at a 
very early period of your national history. The treaty of 
Hopewell, by which our nation was received into the favour 
and protection of the United States, was dated in 1785. This 
instrument fixed the boundary which was then agreed upon. 
It will be remarked that the line which it indicates, was de- 
signed merely as a demarcation between the parties to it, and is 
consequently exclusively confined to the eastern limits of the 
Cherokee nation. It begins at the mouth of the Duck river, in 
what is now the state of Tennessee, and, running through por- 
tions of both Carolinas and Georgia, terminates at the head of 
the south fork of the Oconee, in the last named state. The 
country which we then owned, comprehends what is now a fer- 
tile and densely populated portion of the Union. 

At a very early period after the organisation of your present 
form of government, the illegal encroachments upon our lands, 
and the outrages perpetrated upon our rights, attracted the 
notice of President Washington. With a view to adjust all the 
difficulties growing out of these fruitful sources of discord, 
another treaty was negotiated in 1791, at Hoiston. A different 
boundary was established, and the Cherokees placed themselves 
under the protection of the United States. A reference to this 
treaty will show that we had yielded to our neighbours a large 
portion of our territory, but by the seventh article we obtained 
the solemn guarantee of the United States to all our lands not 
then ceded. 

In the year 1798, a further treaty was concluded between the 
parties, at Tellico, by which another large cession was made, and 
again by the express provisions of the instrument, the remainder 
of their country w T as for ever guaranteed to the Cherokees. 
This was, however, soon followed by another treaty of cession 
in 1804, two treaties in 1805, and early in ISOf), another. By 
each of these treaties important and valuable districts were 
ceded. A temporary suspension of these proceedings now oc- 
curred, but in 1816 three several treaties were made, in 1817 
another, and these were followed up by that of February 1819. 
Each of these instruments contributed to narrow our limits 
and to curtail our territory. A peace of permanent policy was 
avowed, and the treaty of 1819 was regarded as a final mea- 
sure. Such of the nation as were disposed to emigrate beyond 



the Mississippi, and to retain their original hunter habits, were 
provided for ; those who preferred remaining, and to pursue the 
arts of civilisation, were to remain ; property which had been 
held in common, was to be enjoyed in severalty ; the limits of 
individual rights were to be fixed and permanent interests to be 
held in land. 

The Cherokees, who had already made considerable progress 
in the pursuits of agriculture, &c, continued rapidly to advance 
under this system. Education became more widely diffused, a 
new alphabet invented by one of them, became the vehicle for 
disseminating useful information in their own language. A 
newspaper was established, a code of laws framed, and political 
institutions, adapted to their circumstances, were organised. 
With this change of manners their numbers increased, and 
wealth began to accumulate. Such were some of the blessings 
which the Cherokees had derived from their intercourse with 
the whites. They were contented, prosperous, and happy, and 
looked forward with confidence to an augumentation of all their 
sources of prosperity. They realised, to a considerable extent, 
the benefits which had been promised them. They had parted 
with nineteen twentieths of their original possessions, but the 
rest was secured to them by sanctions, guarantees, and pledges, 
which professed to be sacred and inviolable. 

These anticipations were however not to be wholly fulfilled. 
Notwithstanding theunderstandingof all parties that the arrange- 
ments of 1819 were to be permanent and final, that no further 
cessions of territory were to be required or made, that we were 
to be suffered to retain as private property, the comparatively 
small remnant of our original territory which had not been dis- 
posed of, it soon appeared that while one acre remained in our 
hands it would be viewed with the eyes of cupidity. Although 
one of the conditions upon which we had given so much was that 
the residue should be guaranteed to us for ever, although the 
treaty of 1819 was declared to be a final adjustment, although 
the United States had stipulated to remove all intruders from 
our lands, and to protect us against similar outrages in future, 
yet none of these provisions in our favour have for years been 
of any practical value. 

In our memorial to the senate, in March, 1836, you will find 
a summary statement of the wrongs under which we laboured. 
We then stated that " the Cherokees were happy and prosper- 
ous till the year 1828, when the United States entered into a 
treaty with the Cherokees west of the Mississippi, in which, 
though the Cherokee nation east was no party, or consulted, 
certain stipulations were introduced affecting their interests. 
From this date the agents of the United States commenced their 
interference with the internal affairs of the Cherokee people. A 



8 

system was devised and prosecuted to force them to emigrate by 
rendering them unhappy where they were." 

In June, 1834, a paper, purporting to be an agreement, was 
executed between John H. Eaton, a commissioner, on the part 
of the United States, and Andrew Ross, Thomas J. Park, John 
West, and James Starr. These individuals were members of 
the Cherokee community, but were never authorised to act on 
behalf of the nation, nor did they hold any appointment or office 
which would carry with it a presumption that they had authority 
so to act. Yet with these men an instrument purporting to be 
a treaty, was signed. As soon as it came to the ears of the 
nation, decisive steps were taken, a protest from about thirteen 
thousand Cherokees was submitted to the government, disclaim- 
ing the proceeding. It was submitted to the senate for ratifica- 
tion as a treaty properly and duly negotiated, but in consequence 
of the representations made to that honourable body, and the 
evidence exhibited before it, it was rejected. Upon what 
ground it could ever be claimed to be an authoritative national 
act, is yet to be learned. 

By direction of the President this repudiated instrument was, 
in November, 1834, submitted to the general council of the na- 
tion for its approval. It was, however, again most deliberately 
and solemnly rejected. 

During the ensuing winter a delegation from the nation was 
at Washington for the purpose of arranging the existing diffi- 
culties. Before terms were agreed upon, and shortly after the 
conferences had begun, a few individuals of the nation, equally 
without authority as those who had been before prevailed upon 
to assume such powers, arrived in the city, and within a few 
days the regularly appointed delegation was again passed by, 
and new negotiations opened with these parties. On the 14th 
of March, 1835, an instrument purporting to be a treaty was 
signed by these parties and transmitted by the president to 
the nation for its approval. Every effort was made to extort 
this approbation. The annuities due to the nation were with- 
held — the fears of some were excited by threats of personal vio- 
lence, made by the United States agents, — others were arrested 
by the military and placed in confinement, — their press was 
seized. At one of the meetings of the nation, the reverend Mr. 
Schermerhorn, who has performed a conspicuous part in these 
transactions, distinctly apprised the Cherokees that if they re- 
mained on this side of the Mississippi, their difficulties would 
increase. " that the screws would be turned upon them till they 
would be ground into powder." 

Notwithstanding all these efforts to intimidate the nation into 
an approval of this instrument, it was rejected with great una- 
nimity. A delegation, however, was again appointed to nego- 



tiate with the United States commissioner upon all the subjects 
of difference. It appeared, however, that his powers were 
limited, and in consequence of this and other causes it was 
deemed advisable that the delegation should proceed to Wash- 
ington, and this determination was announced to the commis- 
sioner. 

During the interval between the adoption and execution of 
this plan, the principal chief of the nation, who was also the 
chairman of the delegation, was arrested and imprisoned, his 
papers seized and examined, without any cause being assigned 
and without any legal process. This act of outrage, followed 
by no judicial investigation, was, according to the avowal of 
one of the actors in it, perpetrated by the orders of B. F. Curry, 
a United States agent. 

Mr. Curry himself hastened to Washington, procured an order 
from the department forbidding the delegation to proceed to that 
place. They notwithstanding did proceed, and on their arrival 
at the seat of government apprised the department in the cus- 
tomary mode of the fact ; and that they were ready to proceed in 
the business which had brought them on. They were received 
as usual ; propositions were invited from them with assurances 
that these propositions should be acted upon. 

Within a few days, however, information reached Washing- 
ton that the commissioners who remained behind had negotiated 
another treaty with a body of unauthorised individuals, and 
was bringing on with him a delegation. This instrument, to 
which less than one hundred of the nation ever gave their sanc- 
tion, directly or indirectly, was in its terms unacceptable to the 
president : it was again varied in Washington in some important 
features ; and, notwithstanding every remonstrance and opposi- 
tion on the part of the regularly authorised representatives of 
the nation, was submitted to the senate, and finally obtained the 
ratification of that body by a bare constitutional majority. 

I have thus given you a rapid sketch of the proceedings which 
terminated in the so called treaty of December, 1835. The 
details may be found at large in the congressional documents. 
This instrument we consider as the consummation of our 
wrongs. By its provisions all the benefits which we deemed 
secured to us by valid and effective treaties are in substance 
annihilated, — all the territory remaining in the hands of the 
nation or of individuals, is ceded. This instrument, to which 
so small a portion of our people as less than one hundred have 
ever been induced, by all the appliances used, to give their 
sanction, is, we are told, a solemn and sacred treaty, and its 
stipulations will be fully and rigidly enforced. 

It was to have been expected that a measure so monstrous 
and so glaring, would be followed by acts and misrepresenta- 



10 

tions of all sorts for the purpose of sustaining it. Paragraphs, 
calculated to produce alarm and consternation, were insidiously 
thrown into the public papers the moment this spurious treaty 
was signed, and some of them before the news of its ratification 
by the senate could have reached the nation. Rumours of an 
armed opposition to its enforcement were fabricated, and one of 
these publications was headed, " The Cherokees are up ! ! !" 

For myself, I had calls of too serious and pressing import to 
allow of my wasting time in hunting down these calumnies or 
exposing these prophecies, which had no other prospect of being 
verified than by themselves producing the effects they affected 
to foretell. The principal agent in getting up this spurious 
treaty was the reverend Mr. Schermerhorn. the same individual 
who by similar means involved the country in a war with the 
Seminolians, by which millions of money, and lives still more 
valuable, have been lost. I was persuaded that however the 
cases and the people might differ, it would be attempted to con- 
found the Cherokees with the Seminolians, and to take alarm 
at and to exaggerate the slightest expression of discontent. I 
knew that the perpetrator of a wrong never forgives his victim ; 
and that there were some who would excite our people to open 
indications of resentment as a pretext for violence and a justifi- 
cation of themselves. It was therefore made my earnest busi- 
ness, by a calm and direct course, to endeavour to confirm the 
often expressed resolution of the Cherokees, to rely entirely 
upon remonstrance, and to pursue such a course as would satisfy 
the people of the United States and their representatives, that 
we had been the victims of injustice. Our people were assured 
that when the treaty-making power should discover the real 
truth he could not fail to be just. 

The agents of the United States seem to be aware that the 
Cherokee nation had never sanctioned this pretended treaty. 
No sooner had it been hurried through the forms of ratification 
than they obtained a military force to overawe the Cherokees and 
to oppose every attempt to pursue a faithful and honest enquiry 
into the real facts of the case. On my return to my constituents, 
having been detained some time by business, I arrived at Athens, 
in Tennessee, where I met General Wool, the commander of the 
troops, who had actually reached our country before me. The 
general expressed great satisfaction that I had come, and in- 
formed me that my presence had been much wanted, as he had 
already been in the valley towns, and found there a feeling so 
decidedly hostile to the treaty as to require the operation of the 
most powerful counteracting influences. I assured him that I 
considered his admission of that fact very important, as it proved 
that I had been guilty of no misrepresentation, and that his own 
experience would now enable him to show General Jackson 



11 

that the impression under which he professed to act in making 
this arrangement with the Cherokees was a mistaken one, — he 
had made a compact to which only one side, and what was still 
worse only the interested one, had consented, when to ratify a 
bargain requires the free consent of two. General Wool, in 
reply, dwelt on the impossibility of changing the determination 
of the president, and hoped I would advise the people accord- 
ingly, and thus prevent such scenes as had taken place in 
Florida. I assured him that I would pledge my life that the 
Cherokees would never assert their rights by bloodshed, but 
that 1 could riot as an honest man advise their assent to a 
spurious treaty. They might be persuaded to remove, and to 
remove without resistance, and would be better reconciled to 
their fate, if the United States would only show them the fair- 
ness formally to recognise the removal as the compelled submis- 
sion of the weaker to the stronger, but they would not in the 
face of heaven, put their hands and seals to a falsehood. They 
would not say that arrangements were brought about by honest 
treaty which were really brought about by deliberate and stea- 
dily resisted and. exposed craft and duplicity. 

General Wool appeared chagrined at his reception in the val- 
ley towns. After our interview I discovered the cause. On reach- 
ing my destination I learned that various efforts had been made 
on the arrival of the army in the valley towns, and in various 
ways, to obtain an acknowledgment of the spurious treatv, but 
without effect. Even the arms of the people had been demanded, 
and, although they were actually required by the farmers for the 
protection of their fields and stock from birds and beasts of prey, 
in order to remove the smallest pretext for suspicion they were 
forthwith given up. Some of our people were unable to under- 
stand why an army should be sent among us while we were at 
perfect peace, to enforce the stipulations of a treaty, which, if 
even obligatory, was not to be executed for two years. Several 
arrests of men and women, as afterwards appeared, were attri- 
buted to expressions of natural surprise upon this head. None 
of these annoyances, however, produced any unfortunate result. 
The Cherokees, though unwavering in their objections to the 
pretended treaty, remained and will remain inoffensive and 
unresisting. 

About four weeks after my return, the nation was convened 
to receive the report of the delegation. The general was in- 
vited to be present, with the troops under his command, — about 
five hundred of the army attended. Just before the commence- 
ment of the proceedings, while upon the platform, a package 
was placed in my hands, addressed on the envelope to me, and 
on the inside to the Cherokee people. Tt was a notice from 
General Wool communicating in substance the determination 



12 

of President Jackson that no alteration in the treaty would be 
made by him, but that its stipulations should be scrupulously 
fulfilled. 

This communication from General Wool was publicly read 
and interpreted, and afterwards the paper called the treaty was 
in like manner read and interpreted. The people were entirely 
silent in relation to the former. They were then asked if they 
were disposed to give their assent to the latter. They unani- 
mously answered, No ! and insisted upon a new arrangement, 
alleging that the one exhibited to them had been made with 
irresponsible, unauthorised individuals, and contained terms and 
conditions distinctly at variance with their often and publicly 
proclaimed instructions. 

The nation having thus spontaneously and without advice 
from their rulers, rejected this spurious treaty, and disclaimed it 
as their act, it appeared to me the most prudent course to en- 
courage them in hoping for better things. It also occurred to 
me that if those of our brethren who were already in the west, 
were to unite with us in endeavouring to make the truth of the 
case known, our prospects of ultimately obtaining justice would 
be improved. I also knew that this portion of the nation con- 
sidered the provisions of the treaty, under which they had emi- 
grated and received lands beyond the Mississippi in lieu of what 
was ceded in the east, as seriously infringed by the document in 
question. I was further persuaded that the reason assigned for 
our opposition to the arrangement, viz., our distaste for Arkan- 
sas, could not be attributed to those who actually resided there. 
With these impressions, I recommended the appointment of a 
delegation to confer with our brethren in the west, upon the 
propriety of sending a joint embassy to Washington for the pur- 
pose of satisfying the government how much they had been mis- 
informed and deceived, and of making a definitive arrangement 
upon terms acceptable to the nation. At the same time, I assured 
the people that the treaties already recognised by both parties as 
existing between them and the United States, would not be bro- 
ken, and they might confidently trust to that security for obtain- 
ing a fair and honest adjustment of controversies, which was all 
they had ever desired. 

The principal resolutions consequent upon these explana- 
tions are the following : — 

" Whereas, an instrument has been read and interpreted to us, 
purporting to be a treaty made at New Echota, on the 29th of 
December, 1835, by the Reverend John F. Sehermerhorn, com- 
missioner of the United States, and the chiefs, head men, and 
people of the Cherokee tribe of Indians, ratified by the senate 
and approved by the president of the United States ; — and 



13 

whereas, by the provisions of this instrument all the lands of the 
Cherokees are ceded to the United States ; the private improve- 
ments and possessions of individuals unjustly alienated from 
their rightful owners ; the rights of the Cherokees as freemen 
wrested from the guardianship of their legitimate representatives ; 
and the management of their affairs placed in the hands of indi- 
viduals without responsibility, and under the control of officers 
of the United States government : — and whereas the makers of 
said compact, who are represented as acting on the part of the 
Cherokees, and who assume the style of chiefs and head men, 
hold no such title or designation from the Cherokees, nor have 
they received authority from the nation to form said instru- 
ment. 

" Resolved, therefore, by the chiefs, national committee, and 
council, and the people of the Cherokee nation in general coun- 
cil assembled, that the said instrument is null and void, and can 
never in justice be enforced upon our nation ; and we do hereby 
solemnly disclaim and utterly reject said instrument, in its prin- 
ciples and all its provisions. 

11 Resolved, That a respectful memorial to the government of 
the United States, be prepared on behalf of the Cherokee people, 
praying that the said instrument be set aside as a fraud upon 
the government of the United States, and an act of oppression 
on the Cherokee people. 

"Resolved, That a delegation be invested with full powers 
to represent the Cherokee people before the government of the 
United States, to enter into arrangements for the final adjust- 
ment of all their existing difficulties : and be it further resolved, 
that the said delegation be, and they are hereby instructed 
to confer with the Cherokees west of the Mississippi, on the 
subject of their acting in concert with us, in efforts to procure 
the rescinding of said instrument, which in its provisions is 
calculated to affect injuriously the interests and happiness of 
both parts of the Cherokee family. 

" Resolved, That any irresponsible individuals, assuming to 
themselves the power to act in the name of our nation, without 
the authority of the same first legitimately obtained, will be 
deemed guilty of infringing the prerogatives of the government 
and violating the rights of the Cherokee people, who will as- 
suredly never sanction such usurpation, nor acquiesce in the 
doings of such people. 

"Resolved, That in the course we have adopted in reference 
to the instrument in question, no departure from the most re- 
spectful and friendly feelings towards the president, the govern- 
ment, and the people of the United States is contemplated; but, 
on the contrary, our determination is to maintain and cultivate 
those friendly relations which have long subsisted between the 
3 



14 

government and people of the United States and our own 
nation." 

In addition to the resolutions as here quoted, it was at the 
same time determined, as no public business remained to be 
transacted, to waive the general annual council, which in course 
would have taken place a few days subsequently, (the second 
Monday in October,) and thus avoid all pretence for charges of 
a disposition to keep up agitation by public meetings. The 
paper from which I have made the foregoing extract was signed 
by the chiefs, committee and council, and people to the number 
of about two thousand two hundred and fifty-five male adults. 

On the 22d of September, 1836, the chiefs, members of the 
national committee and council, wrote to General Wool, offi- 
cially communicating the proceedings of the meeting. They 
returned their thanks to him for the gentlemanly deportment 
of himself and the troops under his command on the council 
ground ; and they respectfully asked for the restoration of the 
guns previously surrendered, under the impression that suffi- 
cient evidence must have been afforded him that no reasonable 
grounds for their detention existed. I have not learned that the 
guns have even yet been returned to the owners. 

According to their instructions, the delegation proceeded to 
Arkansas. The principal chief and authorities of the western 
Cherokees, convened a council to assemble in eighteen days, at 
the council house at Tollunteeskey. On calling at Fort Gibson 
we made known the objects of our visit to the agent, Governor 
Stokes. After passing a few days with some of my friends, I 
returned to fort Gibson, and was there privately apprised that 
an order had been received for the arrest of myself and the 
other members of the delegation. It was said that we were to 
be prosecuted under the intercourse act of 1834, an act in no 
manner applicable to us, as Cherokees visiting Cherokees, its 
object being confined to intruding citizens of the United States. 
Nevertheless, I was advised not to appear at the council. To 
this intimation I replied, that I could not allow myself to be 
deterred from the plain course of duty, and that as I had no- 
thing to conceal, I had nothing to fear. The council met on 
the Sth of December, 1836, and we attended. No impediment 
was thrown in our way, and we heard no more of the order. 
Among the resolutions adopted at this council were the follow- 
ing:— 

" That the course adopted by the general council of the Che- 
rokee nation east, in regard to the instrument aforesaid (the 
pretended treaty) is hereby approved, and inasmuch as said 
instrument is equally objectionable to us, and will in its enforce- 
ment also effect our best interests and happiness, 

: - Resolved. That a delegation be and hereby are appointed 



15 

to represent the Cherokee nation west, before the government 
of the United States, and to co-operate with the delegation from 
the east of the Mississippi, in their exertions to procure the 
rescinding of the aforesaid instrument; and also with full powers 
to unite with the delegation aforesaid in any treaty arrange- 
ment which they may enter into with the government of the 
United States for the final adjustment of the Cherokee difficul- 
ties, and to promote the advancement of the best interests and 
happiness of the whole Cherokee people, and to do all things 
touching the affairs of the Cherokees west for their welfare." 

We departed with the members appointed to serve upon this 
delegation, but the severity of the winter and the obstruction of 
our route by the ice in the rivers, prevented our arrival at 
Washington until the 9th of February, 1837, within a month of 
the close of General Jackson's presidency. We attempted to 
obtain access to the president, but we were denied an official 
interview with the president or the secretary. We then memo- 
rialised the senate, which memorial was presented, but owing to 
the press of business, no opportunity occurred for presenting 
that which we addressed to the house. Copies of our corre- 
spondence with the department, and of our memorial, will be 
attached to this communication, as will also other documents, 
which shall be presently alluded to. In this memorial we ex- 
hibited an account of the treatment we had experienced, and 
urged our claims in the most earnest and respectful manner. 
We selected what we considered the strongest arguments in 
support of our application. We adverted to the extraordinary 
and inexplicable change which had taken place in the mode of 
receiving us and our appeals. Among other things we said, 
"we have asked and we will reiterate the question — how have 
we offended? Show us in what manner we have, however 
unwittingly, inflicted upon you a wrong, you shall yourselves 
be the judges of the extent and manner of compensation ; show 
us the offence which has awakened your feelings of justice 
against us, and we will submit to that measure of punishment 
which you shall tell us we have merited. We cannot bring to 
our recollection any thing we have done or any thing we have 
omitted, calculated to awaken your resentment against us." 

All, however, was in vain. It may be observed that our 
appeal to the senate was necessarily presented so late in the 
session that we could not have been fully heard, whatever dis- 
position may have existed in that honourable body to give their 
full attention to our case. 

On the 4th of March Mr. Van Bnren assumed the presiden- 
tial chair. On the 16th of March we addressed the new presi- 
dent, stating to him fully our position and wishes, reviewing 
the circumstances which had occurred, and the hopes we enter- 



16 

tained of receiving redress at his hands. We entreated the 
president to examine for himself into the grounds upon which 
we rested our charge, that the document called a treaty was 
fraudulent and equally an imposition upon the United States 
and upon ourselves. We asked, " Will the government of the 
United States claim the right to enforce a contract thus assailed 
by the other nominal party to it ? Will they refuse to examine 
into charges of such grave import? Will they act in matters 
so momentous, involving consequences so awful, without en- 
quiry?" Such an enquiry we earnestly courted, saying to the 
president, " We do not arrogate to ourselves so high a standing 
in your estimation as to authorise us to ask that you will rely 
implicitly upon our statements ; but we have deceived ourselves 
most egregiously, if we have not presented to the consideration 
of the government sufficient grounds to induce hesitation and 
enquiry. You have at your command hundreds of individuals 
to whom you may confide the duty of making the investigation 
which we solicit. Select such as you can implicitly believe, 
associate with them but a single individual to be appointed by 
us to direct to the sources of information, and if we fail to esta- 
blish the truth of our allegations, we shall no longer ask you to 
delay exercising your power in the enforcement of your rights. 
Should it, however, appear from such investigation that this 
instrument has been made without authority, that it meets with 
the almost unanimous reprobation of our nation, that you have 
been deceived by false information, we cannot and we will not 
believe, that under its colour, and under the sanction of those 
principles of justice which impose an obligation faithfully to 
perform our contracts and our promises, we shall be forced to 
submit to its iniquitous provisions. 

We concluded our earnest supplication with three specific 
propositions, — 

First. That the president would enter into a negotiation with 
us, as the duly authorised and regularly accredited representa- 
tives of the Cherokees in reference to every matter mutually 
interesting to the United States and the Cherokee nation. 

Second. To have a full and impartial examination of all 
means of information, for the purpose of ascertaining whether 
the Cherokee nation, in conformity with its political institutions 
and forms, long recognised by the United States, ever authorised 
the execution of the instrument signed at New Echota, and 
the additional articles signed at Washington, or ever gave them 
their sanction and ratification ; or, 

Third. That the instrument in question be now submitted 
for approval or rejection to the free and unbiased choice of the 
Cherokee nation. 

To this communication we received for answer, from Mr. 



17 

Secretary Poinsett, on the 24th of March, that the president 
regarded himself as bound to carry into effect all the stipulations 
of the document in question, because it had been ratified accord- 
ing- to the forms prescribed by the constitution, under a full 
knowledge of the considerations now urged against it, and must 
therefore be considered as the supreme law of the land. This 
being the case, he added that the second and third propositions 
could not be entertained, because they would involve an admis- 
sion that the treaty was incomplete. In answer to the first 
proposition, we were promised a candid examination of any 
measure we should suggest, if not inconsistent with, or in con- 
travention of, the determination to enforce the treaty against 
which we had protested. 

It is due to Mr. Secretary Poinsett to say, that in accordance 
with his professions, every courtesy was extended to us in our 
intercourse with him. It may not be amiss, however, at this 
time to make one or two observations, upon the grounds taken 
by the government, and upon which it appears to have finally 
resolved to act. 

In the first place it appears to us an extraordinary ground, 
that because a treaty has actually been made which the one 
party deems to be of perfect obligation upon both, that therefore 
no further official intercourse shall take place between the par- 
ties. It is obvious that the instrument in question is ambiguous, 
and of doubtful construction, and it is well known that objec- 
tions have been made to it on behalf of the Western Cherokees, 
who think, and we think justly, that it most seriously impairs 
their rights, although we believe it has not yet been assumed 
that they are bound by its provisions, having not, thus far, at 
least, been considered as parties to it. There are questions still 
open between the parties, which, under any view of the case, it 
appears to us, can only be settled by negotiation and further 
treaty. 

Secondly. It strikes us as equally extraordinary that because 
our avowed object was to make a treaty which should annul 
the provisions of this spurious compact, no negotiations would 
be opened with us. Had such a ground ever been presumed to 
present an obstacle to negotiation, why was it not discovered 
when the treaty of Holston, and every succeeding treaty ever 
formed with us, was under consideration. The stipulations of 
each and every of them, abrogate to a greater or less extent those 
which preceded it. How insuperably might it have been urged 
against the pretended treaty itself which professes to annul and 
abrogate pre-existing treaties, to annihilate public and private 
rights held under its sanction. 

Thirdly. The idea that the ratification of the senate, under 
the circumstances, had at all impaired the rights of either party, 



18 

is equally incomprehensible. It was the act of one party alone. 
It was an act required by the constitution of the United States 
to give legal effect to a compact, which, until that was consum- 
mated, was inchoate and imperfect. But if no treaty had in 
fact ever been signed, if the instrument was in truth fraudulent 
or unauthorised, we are not aware that the action of the senate 
could make that valid which before was void, could impose any 
obligation upon us who were not previously bound. Indeed, if 
this doctrine be true to the extent it has been pressed, the Che- 
rokee nation, or even their self-constituted representatives, need 
never have been consulted or their signatures obtained. The 
president himself might, of his own mere motion, dictate the 
terms of a treaty to the senate, and by the ratification of that 
body it becomes binding upon all who never saw or assented 
to it. 

Fourth. But this doctrine, which we candidly confess to be be- 
yond our comprehension, does not seem to our feeble intellects to 
have any bearing upon the question. For surely, if the president 
and senate are empowered to negotiate and make our treaties 
for us, without our assent or knowledge, it does not seem very 
clear how this power, in this particular so unlimited, can be 
prevented from at least listening to our objections, and at their 
good pleasure substituting one less offensive, if they please. 

Fifth. In what we asked, we considered ourselves as calling 
upon the executive to do what it had once done under similar 
circumstances, and what, had it been prevailed upon to do in 
another, would have saved the expenditure of blood and trea- 
sure recently lavished in Florida. We do not pretend to be 
very profoundly versed in constitutional law, or in the diplo- 
matic history of the Union, but we well know, that on the 12th 
of February, 1825, a treaty was executed between the United 
States and our neighbours, the Creeks, at the Indian Springs, 
which was duly ratified by the senate. We know that this 
treaty was disavowed by the Creek nation, and that circum- 
stances occurred which produced bloodshed and threatened the 
most serious consequences. We know that that instrument was 
signed by individuals actually holding the situations among the 
Indians which they professed to hold, but that upon the allega- 
tion that they had acted without competent authority, and after 
the ratification by the senate, the then executive received and 
listened to the remonstrances of the nation, opened a new nego- 
tiation, executed a new treaty, which was' submitted to the 
senate and received the ratification of that body. This last 
treaty, which may be found in the seventh volume of the laws 
of the United States (p. 782), contains this remarkable preamble. 

" Whereas a treaty was concluded at the Indian Springs, on 
the 12th day of February last, between commissioners on the 



19 

part of the United States and a portion of the Creek nation, by 
which an extensive district of country was ceded to the United 
States : — 

"And whereas a great majority of the chiefs and warriors of 
the said nation have protested against the execution of the said 
treaty, and have represented that the same was signed on their 
part by persons having no sufficient authority to form treaties 
or to make cessions, and that the stipulations in said treaty are 
therefore wholly void : — 

" And whereas the United States are unwilling that difficul- 
ties should exist in the said nation which may eventually lead 
to an intestine war, and are still more unwilling that any cessions 
of land should be made to them, unless with the fair under- 
standing and full extent of the tribe making such cession, and 
for a just and adequate consideration, it being the policy of the 
United States in all their intercourse with the Indians, to treat 
them justly and liberally, as becomes the relative situation of the 
parties." 

Such was the preamble of the treaty of January 24th, 1826 : 
the first article of which declared the previous treaty to be "null 
and void to every intent and purpose whatever, and every right 
and claim arising from the same is hereby cancelled and sur- 
rendered." 

These were historical facts with which we were familiar, and 
we had not been informed what had occurred since that period 
to prevent a similar action, under circumstances not similar only, 
because the case more imperatively demanded such action. We 
could not understand why the Creeks should be relieved from the 
burthen of an unjust and illegal because unauthorised compact, 
and we should be held to one even more destitute of any sem- 
blance of authority. We could not understand why if President 
Adams possessed the constitutional power to negotiate such an 
arrangement as we have just adverted to, how or why President 
Jackson or President Van Buren would transcend their legiti- 
mate functions by instituting an enquiry into the truth of our 
allegations, and laying the result of such investigation before 
the congress of the United States. Nor could we comprehend 
what there was so irregular or improper in our requests as to 
furnish a reason for debarring us from our accustomed official 
intercourse with the president or war department. 

Here, therefore, rests our case at present. You will perceive 
that our only object has been to obtain a fair arrangement upon 
terms which our nation can approve, to be negotiated with per- 
sons whom they have authorised to act on their behalf. Our 
object has been an honest one and sincerely expressed. We had 
hoped that the government of the United States would listen to 
our representations. We know that they had been led by similar 



20 

false suggestions and fraudulent devices into the expenditure of 
four times the amount of money in attempting to settle their 
differences with the Indians by force of arms, which would have 
sufficed to accomplish all their desires without exasperation of 
feeling and without bloodshed. We asked that an instrument 
should not be called a treaty obligatory upon us, to which we 
never yielded directly or by implication, any assent. We asked 
that if we were to be driven from our homes and our native 
country, we should not also be denounced as treaty breakers, 
but have at least the consolation of being recognised as the 
unoffending, unresisting Indian, despoiled of his property, driven 
from his domestic fireside, exiled from his home, by the mere 
dint of superior power. We ask that deeds shall be called by 
their right names. 

We distinctly disavow all thoughts, all desire, to gratify any 
feelings of resentment. That possessions acquired, and objects 
attained by unjust and unrighteous means, will, sooner or later, 
prove a curse to those who have thus sought them, is a truth 
we have been taught by that holy religion which was brought 
to us by our white brethren. Years, nay, centuries may elapse 
before the punishment may follow the offence, but the volume 
of history and the sacred Bible assure us, that the period will 
certainly arrive. We would with Christian sympathy labour 
to avert the wrath of Heaven from the United States, by implor- 
ing your government to be just. The first of your ancestors 
who visited as strangers the land of the Indian, professed to be 
apostles of Christ, and to be attracted by a desire to extend the 
blessings of his religion to the ignorant native. Thousands 
among you still proclaim the same noble and generous interest 
in our welfare ; but will the untutored savage believe the white 
man's professions, when he feels that by his practices he has 
become an outcast and an exile? Can he repose with confidence 
in the declarations of philanthropy and universal charity, when 
he sees the professors of the religion which he is invited to em- 
brace, the foremost in acts of oppression and of outrage? 

Most sincerely and ardently do we pray that the noble ex- 
ample of William Penn may be more generally followed, and 
that the rich rewards which attended his exertions may be 
showered upon the heads of those who, like him, never outraged 
the rights or despoiled the property of the Indian. To such, 
among their highest earthly comforts, and among the assurances 
of still higher enjoyments hereafter, will be the blessing and 
prayer of the friendless native. 

I have the honour to be, sir, most respectfully, 

Your very obedient servant, 

JNO. ROSS. 
To . 



DOCUMENTS 



IN ILLUSTRATION OF, OR REFERRED TO IN, THE FOREGOING LETTER. 



Proceedings of the Cherokee Nation in General Council — assembled 
at Red Clay, September 28th, 1836. 

Whereas : an instrument has been read and interpreted to us, purporting- to be 
a treaty made at New Echota, on the 29th day of December, ] 835, by the Rev. 
John F. Schermerhorn, commissioner of the United States, and the chiefs, head- 
men, and people of the Cherokee tribe of Indians : ratified by the senate and ap-> 
proved by the president of the United States. And whereas : by the provisions 
of this instrument, all the lands of the Cherokees are ceded to the United States ; 
the private improvements and possessions of individuals unjustly alienated from 
their rightful owners : the rights of the Cherokees as freemen wrested from the 
guardianship of their legitimate representatives, and the management of their 
affairs placed in the hands of individuals without responsibility and under the 
crontrol of officers of the United States government : and whereas, the makers 
of said compact, who are represented as acting on the part of the Cherokees, and 
who assume the style of chiefs and headmen, hold no such title, or designation from 
the Cherokees, nor have they received authority from the nation to form said 
instrument — 

Resolved, therefore, by the chiefs, national committee, and council, and the 
people of the Cherokee nation in General Council assembled : that the said instru- 
ment is null and void, and can never, in justice, be enforced upon our nation. 
And we do hereby solemnly disclaim and utterly reject said instrument in its 
principles and all its provisions. 

Resolved : that a respectful memorial to the government of the United States 
be prepared on behalf of the Cherokee people, praying that the said instrument 
be set aside, as a fraud upon the government of the United States, and an act of 
oppression on the Cherokee people. 

Resolved : that a delegation, consisting of John Ross, principal chief, Richard 
Taylor, Samuel Gunter, George Sanders, Walter S. Adair, John Benge, Stephen 
Foreman, and James Brown, be invested with full powers to represent the Chero- 
kee people before the government of the United States : to enter into arrange- 
ments for the final adjustment of all their existing difficulties. 

And be it further resolved : that the said delegation be, and they are hereby, 
instructed to confer with the Cherokees west of the Mississippi, on the subject 
of their acting in concert with us in our efforts to procure the rescinding of said 
instrument : which in its provisions is calculated to affect injuriously the interests 
and happiness of both parts of the Cherokee family. 

Resolved : that any irresponsible individuals, assuming to themselves the power 
to act in the name of our nation, without the authority of the same first legiti- 
mately obtained, will be deemed guilty of infringing the prerogatives of the 
government, and violating the rights of the Cherokee people, who will assuredly 
never sanction such usurpation, nor acquiesce in the doings of such persons. 

Resolved : that in the course we have adopted, in reference to the instrument 
in question, no departure from the most respectful and friendly feelings towards 
the president, the government, and the people of the United States is contem- 
plated. But, on the contrary, our determination is to maintain and to cultivate 
those friendly relations which have long subsisted between the government and 
people of the United States and our nation. 

And be it further resolved, by the committee and council aforesaid, with the 
concurrence of the people of the Cherokee nation, in General Council assembled, 
4 



22 

that, in compliance with a law of congress, which directs that Indian annuities 
shall be paid to the chiefs or such persons as the tribe shall appoint ; the afore- 
said delegation, consisting of John Ross, principal chief, Richard Taylor, Samuel 
Gunter, George Sanders, Walter S. Adair, John Benge, Stephen Foreman, and 
James Brown, be, and they are hereby, authorised under the direction of John 
Martin, the treasurer of the Cherokee nation, to apply to the government of the 
United States, or to the proper officers thereof, and to receive all sums of money 
due to said Cherokee nation east of the Mississippi, from the United States, and 
to receipt for the same, for, and on account of the said Cherokee nation. 

Resolved : that the doings of the general council, now assembled, render the 
meeting of the national committee and council, on the second Monday in Octo- 
ber next, inexpedient. The said meeting is, therefore, hereby dispensed with. 

Red Clay Council Ground, Cherokee Nation East, Sept. 28, 1836. 

Signed by the chiefs, committee and council, and people, to the 
number of about 2,245 male adults, and the following memorial 
annexed under their authority, to wit : 

To the Honourable the Senate and House of Representatives of the 
United States of America. 

Most respectfully and most humbly showcth : that your memorialists, the 
chiefs, national committee and council, and people, of the Cherokee nation, in 
general council assembled, solicit permission to approach your honourable bodies, 
under circumstances peculiar in the history of nations ; circumstances of distress 
and anxiety beyond our power to express. We earnestly bespeak your patience, 
therefore, while we lay befope you a brief epitome of our griefs. 

It is well known, that for a number of years past, we have been harassed by 
a series of vexations, which it is deemed unnecessary to recite, in detail ; but the 
evidence of which our delegation will be prepared to furnish. 

With a view to bringing our troubles to a close, a delegation was appointed on 
the 23d of October, 1835, by the general council of the nation: clothed with 
full powers to enter into arrangements with the government of the United States, 
for the final adjustment of all our existing difficulties. The delegation failing 
to effect an arrangement with the United States commissioner, then in the nation, 
proceeded, agreeably to their instructions, in that case, to Washington city, for 
the purpose of negotiating a treaty with the authorities of the United States. 

After the departure of the delegation, a contract was made by the Rev. John 
F. Schermerhorn and certain individual Cherokces, purporting to be a " Treaty, 
concluded at New Echota, in the state of Georgia, on the 29th day of December, 
1835, by General William Carroll and John F. Schermerhorn, commissioners on 
the part of the United States, and the chiefs, headmen, and people, of the Chero- 
kee tribe of Indians." A spurious delegation, in violation of a special injunction 
of the general council of the nation, proceeded to Washington city, with this 
pretended treaty ; and by false and fraudulent representations, supplanted in the 
favour of the government, the legal and accredited delegation of the Cherokee 
people ; and obtained for this instrument, after making important alterations in 
its provisions, the recognition of the United States government. And now it is 
presented to us as a treaty, ratified by the senate and approved by the president, 
and our acquiescence in its requirements demanded under the sanction of the 
displeasure of the United States, and the threat of summary compulsion in case 
of refusal. It comes to us, not through our legitimate authorities, the known 
and usual medium of communication between the government of the United 
States and our nation, but through the agency of a complication of powers, civil 
and military. 

By the stipulations of this instrument, we are despoiled of our private posses- 
sions, the indefeasible property of individuals. We are stripped of every attri- 
bute of freedom and eligibility for legal self-defence. Our property may be plun- 
dered before our eyes. Violence may be committed on our persons : even our 
lives may be taken away and there is none to regard our complaints. We are 
denationalised ! We are disfranchised ! We are deprived of membership in the 



23 

human family ! We have neither land nor home nor resting place that can be 
called our own. And this is effected by the provisions of a compact whicli 
assumes the venerated, the sacred appellation of Treaty. We are overwhelmed '. 
Our hearts are sickened ! Our utterance is paralised, when we reflect on the con- 
dition in which we are placed by the audacious practices of unprincipled men ; 
who have managed their stratagems with so much dexterity as to impose on the 
government of the United States, in the face of our earnest, solemn, and reiterated 
protestations. 

The instrument in question, is not the act of our nation. We are not parties 
to its covenants. It has not received the sanction of our people. The makers 
<of it sustain no office or appointment in our nation, under the designation of 
-chiefs, headmen, or any other title, by which they hold or could acquire authority 
to assume the reins of government, and to make bargain and sale of our rights, 
our possessions, and our common country. And we are constrained, solemnly, 
to declare, that we cannot but contemplate the enforcement of the stipulations of 
this instrument on us, against our consent, as an act of injustice and oppression^ 
which we are well persuaded can never knowingly be countenanced by the 
government and people of the United States ; nor can we believe it to be the 
design of those honourable and high-minded individuals, who stand at the head 
of the government, to bind a whole nation by the acts of a few unauthorised in- 
dividuals. And, therefore, we, the parties to be affected by the result, appeal 
with confidence to the justice, the magnanimity, the compassion of your honour- 
able bodies, against the enforcement on us of the provisions of a compact, in the 
formation of which we have had no agency. 

In truth, our cause is your own. It is the cause of liberty and of justice. It 
is based upon j^our own principles, which we have learned from yourselves ; for 
we have gloried to count your Washington and your Jefferson our great teachers. 
We have read their communications to us with veneration. We have practised 
their precepts with success. And the result is manifest. The wilderness of 
forest has given place to comfortable dwellings and cultivated fields — stocked 
with the various domestic animals. Mental culture, industrious habits, and do- 
mestic enjoyments, have succeeded the rudeness of the savage state. We have 
learned your religion also. We have read your sacred books. Hundreds of our 
people have embraced their doctrines, practised the virtues they teach, cherished 
the hopes they awaken, and rejoiced in the consolations which they afford. To the 
■spirit of your institutions and your religion which has been imbibed by our com- 
munity, is mainly to be ascribed that patient endurance which has characterised 
the conduct of our people under the lacerations of their keenest woes. For, 
assuredly, we are not ignorant of our condition : we are not insensible to our 
sufferings. We feel them ! We groan under their pressure I And anticipation 
crowds our breasts with sorrows yet to come. 

We are, indeed, an afflicted people ! Our spirits are subdued ! Despair has 
well nigh seized upon our energies ! But we speak to the representatives of a 
Christian country ; the friends of justice ; the patrons of the oppressed. And 
our hopes revive, and our prospects brighten, as we indulge the thought. On 
your sentence our fate is suspended. Prosperity or desolation depends on your 
word. To you, therefore, we look ! Before your august assembly we present 
ourselves, in the attitude of deprecation and of entreaty. On your kindness, on 
your humanity, on your compassions, on your benevolence, we rest our hopes. 
To you we address our reiterated prayers. Spare our people ! Spare the wreck 
of our prosperity ! Let not our deserted homes become the monuments of deso- 
lations ! But we forbear ! We suppress the agonies which wring our hearts, 
when we look at our wives, our children, and our venerable sires ! We restrain 
the forebodings of anguish and distress, of misery and devastation and death, 
which must be the attendants on the execution of this ruinous compact. 

In conclusion, we commend to your confidence and favour our well beloved 
and trustworthy brethren and fellow citizens, John Ross, principal chief, Richard 
Taylor, Samuel Gunter, John Benge, George Sanders, Walter S. Adair, Stephen 
Foreman, and James Brown, who are clothed with full powers to adjust all our 
existing difficulties, by treaty arrangements with the United States, by which 
our destruction may be averted, impediments to the advancement of our people 



24 

removed, and our existence perpetuated as a living monument, to testify to pos- 
terity the honour, the magnanimity, the generosity of the United States. And 
your memorialists, as in duty bound, will ever pray. 



Copy of a letter from the authorities of the Cherokee Nation to Briga- 
dier General John E. Wool, September 30th 1836. 

Red Clay Council Ground, Cherokee Nation, Sept. 30, 1836. 
To Brigadier General John E, Wool, commanding U. S, A. in Cherokee Nation, 
Sir — The undersigned chiefs and representatives of the Cherokee people, beg 
leave to address you as the commanding General, entrusted with the execution of 
the orders of the president of the United States, concerning the instrument pur- 
porting to be a treaty between the United States and the Cherokee nation east of 
the Mississippi ; and have the honour to state that your communication of the 
19th inst. to the Cherokee people respecting your instructions on the subject, 
was promptly read and interpreted to them in general council assembled, The 
result of their deliberations, and the expression of sentiments adopted by up- 
wards of twenty-one hundred male adults on this occasion, the undersigned 
would also most respectfully communicate through you to the government of the 
United States, to wit : the chiefs, national committee and council, and the people 
of the Cherokee nation, in general council assembled, have resolved, that the in- 
strument purporting to be a treaty made at New Echota, on the 29th day of 
December, 1835, by John F. Schermerhorn, commissioner of the United States, 
and the chiefs, headmen, and people of the Cherokee tribe of Indians, is a fraud 
upon the government of the United States and an act of oppression on the 
Cherokee people — that those who are represented as acting on the part of tho 
Cherokees, and who assume the style of "Chiefs and headmen," hold no such 
title or designation from the Cherokees, nor have they received authority from 
the nation to form said instrument. Therefore said instrument is null and void, 
and can never in justice be enforced upon the nation, as they do most solemnly 
disclaim and utterly reject said instrument in its principles and all its provisions : 
that a respectful memorial to the government of the United States be prepared on 
behalf of the Cherokee people, praying that the said instrument may be set 
aside ; that a delegation, consisting of John Ross, principal chief, Richard Tay- 
lor, Samuel Gunter, George Sanders, Walter S. Adair, John Benge, James Brown, 
and Stephen Foreman, be and are appointed with full power to represent the 
Cherokee people before the government of the United States, and to enter into 
arrangements for the final adjustment of all their existing difficulties. That this 
delegation are instructed to confer with the Cherokees west of the Mississippi, 
on the subject of their acting for the interests and happiness of the whole Chero- 
kee family ;— that any irresponsible individuals, assuming to themselves the 
power to act in the name of the nation, without authority first legitimately ob- 
tained, will be deemed guilty of infringing the prerogatives of the nation, and 
violating the rights of the Cherokee people, who will assuredly never sanction 
such usurpation, nor acquiesce in the doings of such persons. That in the course 
they have adopted, in reference to the instrument in question, no departure from 
the most respectful and friendly feelings towards the president, the government,, 
and people of the United States is contemplated. But, on the contrary, their 
determination is, to maintain and cultivate those friendly relations which have 
long subsisted between the government and people of the United States and their 
nation. That in compliance with a law of congress, which directs that " Indian 
annuities shall be paid to the chiefs or such person as the tribe shall appoint." 
Tlie above-named delegation liave been authorised and appointed to receive from 
the proper officers of the goyernment of the United States, all sums of money 
due the Cherokee nation east of the Mississippi, and to receipt for the same for 
and on account of the said Cherokee nation. That the doings oi the general 
council, now assembled, render the meeting of the committee and council on the 
second Monday in October next, inexpedient, and said meeting is therefore dis- 
pensed with. 



In thus frankly communicating the sentiments of the Cherokee people, and 
the doings of the general council, the undersigned beg leave to reassure you, 
that they are actuated from the purest motives and the most friendly feelings 
towards the public functionaries and the private citizens of the United States — 
that the only hope of the Cherokees for a further hearing from the government 
on the subject of their grievances, and for a more satisfactory and final adjust- 
ment of their existing difficulties, rests on the justice of their case, and the un- 
remitting confidence entertained in the good faith, magnanimity, and justice of 
the president and the congress of the United States', and to realise which they 
desire, that the whole truth may be fairly stated respecting the manner and cir- 
cumstances under which the instrument complained of was negotiated, and that 
the same may be fully understood and impartially investigated. 

The Cherokees are deeply sensible of their peculiar and dependent situation, 
consequently they are not ignorant that their very existence as a people, is at 
the mercy of the United States, and subject to their will and pleasure. Their 
course is plain, and has ever been directed in the path of peace and friendship — 
though not influenced by the dastardly feelings of fear, but by those pleasing 
ties of confidence and social relations which have so long and so happily sub- 
sisted between them and their white brethren, Much may be said by way of 
objections in detail of the instrument in question, but it is deemed unnecessary. 
The natural interests and welfare of the whole Cherokee family, those in the 
east as well as those in the west, would require that, in any final arrangement, 
their approbation should be equally consulted, in order that harmony among 
themselves may be ensured ; policy as well as common justice would seem to 
require this. 

In conclusion, will you please to permit us to state, that, in compliance with 
the desire of the Cherokees of the Valley Towns, it is respectfully asked that 
their guns may now be restored to them, which have been surrendered up in 
compliance with your orders ; as it is to be hoped there will not be found any 
necessity for retaining them longer. 

The undersigned beg you to accept their cordial thanks and sincere regard 
for your honourable course in the discharge of your military duties here, and 
also for the gentlemanly deportment of the officers, and the orderly conduct of 
the soldiers under your command, during the sitting of the general council, 
With great respect, they have the honour to be, sir, 

Your obedient, humble servants, 

John Ross, Principal Chief; George Laury, Assistant Princi- 
pal Chief; Richard Taylor, Pres, N. Com, ; Thomas Fore- 
man, George Still, James Hawkins, Nahoolah, John F. Bald- 
ridge, Old Fields, Hair Conrad, Chunoolcheskce, James D. 
Wofford ; Stephen Foreman, Clerk of N, Com. 

Going Snake, Speaker, N. Council ; Archibald Campbell, The 
Bark, Chunuhgee, Young Glass, Sleeping Rabbit, John 
Watts, James Spears, Sittewakee, Charles, Chuwalookee, 
John Wayne, White Path, John Otterfighter, Soft-Shell 
Turtle, Bean Stick, Walking Stick, Taquoh, Money Crier ; 
Jesse Busheyhead, Clerk of N. Council, 



GENERAL ORDER.^-No. 74, 

Head-Quarters, Army E. T. & C. N. Fort Cass, Nov. 3d, 1836. 
I am instructed by the President of the United States, through the War Depart- 
ment, to make known to Mr. John Ross, and all others whom it may concern, that 
it is his determination to have the late Treaty, entered into between the United 
States and the Cherokee People, and ratified by the Senate, the 25th May, 1836,. 
*' religiously fulfilled in all its parts, terms and conditions, within the period pre- 
scribed," and that " no delegation which may be sent" to Washington " with a 
view to obtain new terms, or a modification of those of the existing treaty, will 



26 

be received or recognised, nor will any intercourse be had with them, directly or 
indirectly, orally or in writing ;" and that the President regards the proceedings 
of Mr. Ross and his associates in the late Council held at Red Chy, " as in direct 
contravention of the plighted faith of their people, and a repetition of them will 
be considered as indicative of a design to prevent the execution of the Treaty, 
even at the hazard of actual hostilities, and they will be promptly repressed." 

It is further made known by instructions from the War Department, that " : if 
any of our citizens enter the Cherokee country and incite opposition to the execu- 
tion of the treaty," " they will be proceeded against according to the laws of the 
State, if any exist on the subject, in which they may enter ;" and if there should 
be "no law of the State which can be brought to bear on them, and under which 
they may be removed," "it is the opinion of the President," as expressed through 
the War Department, "that they may be removed" out of the country, " under 
the 6th article of the treaty," in which the United States guarantee that the 
Cherokees shall be " protected against interruption and intrusion from citizens of 
the United States who may attempt to settle in the country," unless it is with the 
express consent "of the Committee who are acting under the 12th Article of the 
Treaty, and by the terms of that Article they alone are authorised to give it." 

All officers of the Army, whether commanding Volunteers or Regular Troops, 
under my command, are required and directed to make known to all persons 
residing, or who may come within the range of their respective commands, the 
contents of this order. And to make diligent search and enquiry in regard to all 
citizens who may enter the Cherokee country, and incite opposition or interfere 
with the due execution of the treaty, and report their names and places of resi- 
dence without delay, to General Head Quarters, in order that they may be pro- 
ceeded against, according to the laws of the country, and the instructions of the 
President of the United States. They are also required and directed to prevent all 
meetings and to break up all Councils coming to their knowledge, assembled in 
the Cherokee country, for the purpose of opposing the treaty, or discussing its 
non-execution. 

JOHN E. WOOL, 
Brigadier General Commmanding. 



Credentials, <fyc. of the Cherokee Delegates from the Western Chero- 
kees — A Copy — {the original in the Office of Indian Affairs.) — 
8th December, 1836. 

Whereas, the instrument purporting to be a treaty made at New Echota, on 
the 29th day of December, 1835, by Gen. Wm. Carroll and John F. Schermer- 
horn, commissioners on the part of the United States, and the chiefs, headmen 
and people of the Cherokee tribe of Indians, ceding to the United States all the 
lands owned, claimed or possessed by the Cherokee nation, east of the river Mis- 
sissippi, and providing for their removal to the country designated and set apart 
for the Cherokees, west, under former treaties : And, whereas, the chiefs, na- 
tional committee and council, and the people of the Cherokee nation, east, in 
general council, assembled at Red Clay, on the 28th of September, 1836, have 
solemnly declared, that the makers of said compact, who are represented as act- 
ing on the part of the Cherokees, and who assume the style of chiefs and head- 
men, hold no such title or designation from the Cherokees, nor have they receiv- 
ed authority from the nation to form said instrument: And, therefore, disclaim 
and utterly reject the same in its principles and all its provisions. 

And, whereas, a delegation have been appointed to make a respectful memorial 
to the government of the United States, in behalf of the Cherokee people, pray- 
ing that the said instrument be set aside as a fraud upon the government of the 
United States, and an act of oppression on the Cherokee people ; and invested 
with full powers to enter into arrangements for the final adjustment of all their 
difficulties. 

And, whereas, said delegation have, in pursuance of their instructions, con- 
ferred with us on the subject of our acting in concert with them in their efforts 
to procure the rescinding of said instrument, which, in its provisions, is caleu- 



27 

latcd to affect, injuriously, the interests and happiness of both parts of the Che- 
rokee family — 

Therefore, Resolved, by the chiefs, committee and council of the Cherokee na- 
tion, west of the Mississippi river, in council assembled, that the course adopted 
by the general council of the Cherokee nation, east, in regard to the instrument 
aforesaid, is hereby approved — and, inasmuch as said instrument being equally 
objectionable to us, and will, in its enforcement, also affect our best interests and 
happiness — 

Resolved, That a delegation, consisting of John Looney, third chief, John 
Dun, Joseph Vann, Aaron Price, and Dutch, be, and they are hereby appointed 
to represent the Cherokee nation, west, before the government of the United 
States, and to co-operate with the delegation from the east of the Mississippi, 
consisting of John Ross, Samuel Gunter, James Brown, John Binge, George 
Sanders and others, in their exertions to procure the rescinding of the aforesaid 
instrument ; and also, with full powers to unite with the delegation aforesaid, in 
any treaty arrangement which they may enter into with the government of the 
United States, for the final adjustment of the Cherokee difficulties, and to pro- 
mote the advancement of the best interests and happiness of the whole Chero- 
kee people ; and to do all things touching the affairs of the Cherokees, west, for 
their welfare. 

Be it further Resolved, That the delegation aforesaid be, and they are hereby 
authorised to receive from the chiefs all the public moneys in their hands, to de- 
fray their expenses ; and also to draw on the government of the United States 
for the annuities, or such other sums of money as may be necessary to defray 
the expenses of said delegation. 

Cherokee Council House, Tolluntusky, west of the river Mississippi, Dec. 8th, 
1836. — Signed by the Committee and Council of the Cherokee nation, west. 

George Guess, his ;*< mark. Dutch, his ^ mark. 

Tobacco Will, his ;*< mark. Charles Campbell, his jx< mark. 

Aaron Price, his jxj mark. James Carey, his jx< mark. 

John Rogers, his jxj mark. George Brewer, his ^ mark. 

William Elders, his ^\ mark. Climbing Bear, his {*< mark. 

Charles Rogers, his ^ mark. John Drew. 

Major Pullum, his ^ mark. 

Approved and signed by the chiefs of the Western Cherokee nation. 

John Jolly, his jx* mark, 1st chief. 

John Brown, 2d chief. 

John Looney, his ^ mark, 3d chief. 



The Cherokee Delegation to the Honourable Secretary of War, 

13th February, 1837. 

Washington City, at Mrs. Arguelles', Feb. 13, 1837. 
Hon. B. F. Butler, Secretary of War. 

Sir — The undersigned delegates, duly authorised, and representing the Chero- 
kee nation east and west of the Mississippi, present their compliments to the 
Hon. Secretary, and beg leave, through his department, to notify the govern- 
ment of their arrival in the city, on business relative to the interests of the whole 
■Cherokee people, and will be happy to do themselves the honour of paying their 
personal respects to the Honourable Secretary, and His Excellency the President, 
at such time as may be convenient and their pleasure to designate. 
Very respectfully, your obedient servants, 

John Ross, Dutch, his X mark. 

John Looney, his X mark. Samuel Gunter, his X mark. 

R. Taylor, John Benge, his X mark. 

Aaron Price, his X mark. George Sanders, his X mark. 

James Brown, W. S. Coodey. 



28 



The Cherokee Delegation to the Honourable Secretary of War, 

22d February, 1837. 

Washington City, February 22d, 1837. 
Hon. Benj. F. Butler, Secretary of War, ad interim. 

Sir — The undersigned, a delegation duly authorised by and representing the 
Cherokee nation on the east and west of the Mississippi, did themselves the 
honour, on their arrival at this city, to apprise you of the circumstance in the 
same manner that they have been accustomed to do. To their note of the 13th 
inst. they have not yet received an anwser. May Ave be again permitted to bring 
the matter to your notice, and to inform you, that, in addition to other matters to 
which their powers extend, and which are very comprehensive, they are espe- 
cially charged with the subject of the money payable to the nation. 
We have the honour to be, sir, very respectfully, 

Your obedient servants, 
John Ross, Dutch, his X mark. 

John Looney, his X mark.. John Bexge, his X mark. 
R. Taylor, George Sanders, his X mark. 

Aaron Price, his X mark. W. S. Coodey. 
James Brown, 



The Memorial and Petition of the Cherokee Delegation to the Senate 

and House of Representatives in Congress assembled, 

February 22d, 1837. 

To the Honourable the Senate and House of Representatives of the 
United States, in Congress assembled. 

The memorial and petition of the undersigned, a delegation appointed by the 
Cherokee nation in full council, respectfully slioweth — 

That the Cherokee nation, deeply sensible of the evils under which they are 
now labouring, and the still more frightful miseries which they have too much 
reason to apprehend, have, in the most formal and solemn manner known to 
them, assembled in general council, to deliberate upon their existing relations 
with the government of the United States, and to lay their case with respectful 
deference before your honourable bodies. 

Invested with full powers to conclude an arrangement upon all the matters 
which interest them, we have arrived at the seat of government,- and in accord- 
ance with our usual forms of proceeding, have notified the honourable the secre- 
tary of war that we had reached this place, and through him solicited an inter- 
view with the executive. This request has not yet been granted,, nor has it to 
this day received an official answer ; but we have reason to apprehend, from cir- 
cumstances which have reached us, that we shall be denied this application, and 
are thus compelled, in the discharge of our duty to our constituents, to submit to 
your honourable bodies the memorial of which we are the bearers. 

On former occasions we have in much detail laid before you the prominent 
facts of our case. We have reminded you of our long and intimate connection 
with the United States, of the scenes of peril and of difficulty which we have 
shared in common; of the friendship which had so long been generously prof- 
fered and affectionately and gratefully accepted ; of the aids which were supplied 
us in promoting our advancement in the arts of civilised life ; of the political 
principles which we had imbibed, of the religious faith we have been taught. 

We have called your attention to the progress which, under your auspices, we 
have made ; to the improvements which have marked our social and individual 
state ; our lands brought into cultivation, our natural resources developed, our 
farms, work-shops, and factories approximating in character and value to those 
of our brethren whose example we had diligently imitated. 

A smooth and beautiful prospect of future advancement was open before us. 
Our people had abandoned the pursuits, ' the habits and the tastes of the savage, 



29 

and had put on the vestments of civilisation, of intelligence, and of a pure reli- 
gion. The progress we had made furnished us with the most assured hopes of 
continued improvement, and we indulged in the anticipation, that the time was 
not far distant when we should be recognised on the footing of equality by the 
brethren from whom we had received ^11 which we were now taught to prise. 

This promise of a golden sunshine is now overspread. Clouds and darkness 
have obscured its brilliancy. The winds are beginning to mutter their awful 
forebodings ; the tempest is gathering thick and heavy over our heads, and 
threatens to burst upon us with terrific energy and overwhelming ruin. 

In this season of calamity where can we turn with hope or confidence ? On 
all former occasions of peril or of doubt, the government of the United States 
spread over us its broad and paternal shield. It invited us to seek an asylum 
and a protection under its mighty arm. It assisted us with its encouragement 
and advice ; it soothed us with its consoling assurances ; it inspired us with hope, 
and gave us a feeling of confidence and security. 

But, alas ! this, our long-cherished friend, seems now to be alienated from us: 
this, our father, has raised his arm to inflict the hostile blow : this strength, so 
long our protection, is now exerted against us, and on the wide scene of existence 
no human aid is leit us. Unless you avert your arm we are destroyed. Unless 
your feelings of affection and compassion are once more awakened towards your 
destitute and despairing children, our annihilation is complete. 

It is a natural enquiry among all who commiserate our situation, what are the 
causes which have led to this disastrous revolution, — to this entire change of 
relations ? By what agency have such results been accomplished ? 

We have asked, and we reiterate the question, how have we offended ? Show 
us in what manner we have, however unwittingly, inflicted upon you a wrong ; 
you shall yourselves be the judges of the extent and manner of compensation.- 
Show us the offence which has awakened your feelings of justice against us, and 
we will submit to that measure of punishment which you shall tell us we have 
merited. We cannot bring to our recollections any thing we have done, or any 
thing we have omitted calculated to awaken your resentment against us. 

But we are told that a treaty has been made, and all that is required at our 
hands is to comply with its stipulations. Will the faithful historian, who shall 
hereafter record our lamentable fate, say the Cherokee nation executed a treaty 
by which they freely and absolutely ceded the country in which they were born 
and educated, — the property they had been industriously accumulating and im- 
proving, — and, abandoning the high road by which they had been advancing 
from savagism, had precipitated themselves into worse than their pristine degra- 
dation ? Will not the reader of such a narrative require the most ample proof 
before he will credit such a story ? Will he not enquire where was the kind and 
parental guardian who had heretofore aided the weak, assisted the forlorn r in- 
structed the ignorant, and elevated the depressed ? Where was the government 
of the United States with its vigilant care over the Indian when such a bargain 
was made ? How will he be surprised at hearing that the United States was a 
party to the transaction — that the authorities of that government, and the repre- 
sentatives of that people, which had for years been employed in leading the 
Cherokee from ignorance to light, from barbarism to civilisation, from paganism 
to Christianity, — who had taught them new habits and new hopes, was the very 
party which was about to appropriate to itself the fruits of the Indian's industry* 
the birth places of his children and the graves of his ancestors! 

If such a recital could command credence, must it not be on the ground that 
experience had shown the utter failure of all the efforts, and the disappointment 
of all the hopes of the philanthropist and the Christian ? That the natives of this 
favoured spot of God's creation were incapable of improvement, and unsuscepti- 
ble of education, — and that they, in wilful blindness, spurning the blessings 
which had been proffered and urged upon them, would pertinaciously prefer the 
degradation from which it had been attempted to lead them, and the barbarism 
from which it had been sought to elevate them ? 

How will his astonishment be augmented when he learns that the Cherokee 
people almost to a man denied the existence and the obligation of the alleged 
5 



30 

compact — that they proclaimed it to have been based in fraud and concocted in 
perfidy — that no authority was ever given to those who undertook in their names 
and on their behalf to negotiate it; — that it was repudiated with unexampled 
unanimity when it was brought to their knowledge ; — that they denied that it 
conferred any rights or imposed any obligations. 

Yet such must be the story which the faithful historian must record. In the 
name of the whole Cherokee nation we protest against this unhallowed and un- 
authorised and unacknowledged compact. We deny its binding force. We 
recognise none of its stipulations. If contrary to every principle of justice it is 
to be enforced upon us, we shall at least be free from the disgrace of self-humi- 
liation. Wc hold the solemn disavowal of its provisions by eighteen thousand 
of our people. 

We, the regularly commissioned delegation of the Cherokee nation, in the face 
of Heaven, and appealing to the searcher of all hearts for the truth of our state- 
ments, ask you to listen to our remonstrances. Wc implore you to examine into 
the truth of our allegations. We refer you to your own records — to your own 
agents, to men deservedly enjoying your esteem and confidence, as our wit- 
nesses ; and we proffer ourselves ready, if you will direct the enquiry, to establish 
the truth of what we aver. If we fail to substantiate our statements, overwhelm 
us with ignominy and disgrace, — cast us off from you for ever. If, however, on 
the other hand, every allegation we make shall be sustained by the most con- 
vincing and abundant proof, need we make further and stronger appeals than the 
simple facts of the case will themselves furnish, to secure your friendship, your 
sympathy, and your justice. 

We will not and wc cannot believe, after the long connection that has sub- 
sisted between us — after all that has been done, and all that has been promised, 
that our whole nation will be forcibly ejected from their native land and from 
their social hearths without the pretence of crime, without charge, without 
evidence, without trial : that we shall be exiled from all that we hold dear and 
venerable and sacred, and driven into a remote, a strange, and a steril region, 
without even the imputation of guilt. We will not believe that this will be 
done by our ancient allies, our friends, our brethren. Yet, between this and 
the abrogation of the pretended treaty, there is no medium. Such an instrument, 
so obtained, so contaminated, cannot cover the real nature of the acts which it 
is invoked to sanction. If we are thus to suffer, no disguise can be uselul or 
availing. If power is to be exerted, let it come unveiled. We shall but submit 
and die. 

If, however, as our long experience has taught us to hope, we yet retain any 
hold upon your sympathies and claims upon your justice ; ii\ entertaining doubts 
as to the truth of our statements, you will investigate before you determine, and 
enquire before you decide such momentous questions, irrevocably and for ever, 
we entreat delay until the subject shall be fully and fairly examined. You will 
constitute the enquiring power — you will be the tribunal to judge upon the 
whole matter. You can, at any time, carry into execution your own decisions. 
Without the means of resistance, without the disposition in any way to injure 
you, we shall yield to what you shall ultimately determine to be a just and 
righteous judgment. 

Should the result of your investigations sustain our assertions, and you 
should stay your hand already uplifted against us, wc are clothed with lull 
powers to make an arrangement of every subject of difference, and to negotiate. 
a treaty obligatory upon our nation, and competent to secure to the people of 
the United States all which their own sense of justice will lead them to require. 
May we not indulge the confident assurance that, as you can sustain no injury 
by this delay, the present execution of the alleged treaty may at least be sus- 
pended ; — that, as investigation will tend only to elicit the whole truth, it may 
be promptly and efficiently made; — that, as a liberal justice has marked your 
intercourse with us, nothing will be required of us which is not thus sanctioned. 
If this be granted to us, the grateful prayers of a united and rescued nation will 
be daily presented before the throne of Divine mercy, invoking upon your heads 



31 

the choicest blessings of heaven, perpetuity upon your institutions, and every 
happiness upon your people. 

Washington City, February 22d, 1837. 

(Signed) John Ross, Samuel Gunter, his X mark. 

R. Taylor, George Sanders, hisX mark. 

James Brown, John Benge, his X mark. 

Delegates from the Eastern Cherokees. 
John Looney, his!*! mark. William Dutch, hisX mark. 
Aaron Price, hisX mark. William S. Coodey. 

Delegates from the Western Cherokees. 



B. F. Butler, Secretary of War, ad interim, to the Cherokee Delega- 
tion — 24th February, 1837. 

War Department, February 24th, 1837. 
Gentlemen- — In answer to your letters of the i 3th and 22d inst. I have the 
honour to inform you, that, as the president does not recognise you in any such 
official character as that described in your communications, no interview can be 
had with you in that character, either by him or by the department. 

Should you think proper, as individuals, to call at the department, it will give 
me pleasure to meet you; and any suggestions you may make, in that charac- 
ter, and which it may be proper for the department to consider, will receive due 
consideration. 

Very respectfully, 

Your most obedient servant, 
(Signed) B. F. BUTLER, 

Secretary of War, ad interim. 
To Messrs. John Ross, John Looney and others, Washington City. 

The Cherokee Delegation to the Hon. Secretary of War, 
28th February, 1837. 

Washington, February 28th, 1837. 
Hon. B. F. Butler, Secretary of War, ad interim. 

Sir — We had the honour, yesterday, to receive your communication under 
date of the 24th inst 

We are filled with surprise at learning that, as the president does not recog- 
nise us in the official character described in our communications, an interview 
with us is declined by the executive- From the earliest periods of our mutual 
history, the Cherokee nation has been accustomed to transact its business with 
the government of the United States through the medium of delegations. Some 
of us have long been known to the executive as having constituted parts of those 
delegations, and this is the first instance in which such an interview as was ask- 
ed has been denied. 

We are utterly unable ourselves to conjecture, and shall be equally at a loss to 
inform our nation, upon our return, what has led to this determination of the 
president It surely must originate in some misapprehension on the one side or 
the other. 

We cannot believe, without the most explicit declaration to that effect, that 
the executive has resolved to receive no further communications from, or to 
transact no further business with, our nation. It is difficult to believe, without 
similar assurances, that the mode of communication, for so long a period sanc- 
tioned by both parties, is to be changed without some other channel of inter- 
course being substituted. Nor can we believe that the executive can have de- 
clined the interview on account of any deficiency or irregularity in our powers — 
all is in conformity with our long-established usages — all is in accordance with 
the practice which has so long prevailed. 

May we, therefore, hope that you will be pleased to apprise us of the objec- 
tions which exist to our recognition, that if any misapprehension as to facts ex- 
ists, it may be rectified ; if any irregularity, on our side, has been committed, it 



32 

may be cured ; and that we may be enabled to inform our people, on our return, 
of the true nature and extent of the difficulties which intercept their accustomed 
friendly intercourse with the president. 

Your last suggestion, of a disposition to see us at the department, in our indi- 
vidual character, has been considered. Our nation has protested against the in- 
terference of unauthorized individuals between them and the government of the 
United States. They regard this as the fruitful source of the evils under which 
they now suffer ; and, guided by their instructions, and anxious to conform to 
their wishes, we are compelled, reluctantly, to decline any other than an official 
interview with the department. 

Very respectfully, 

Your obedient servants, 

John Ross. John Benge, his ^ mark. 

John- Looney, his ^ mark. George Sanders, his ^ mark. 

R. Taylor. Aaron Price, his ^ mark. 

James Brown. Wm, Dutch, his ^ mark. 

Sa.muel Gunter, his ^ mark. W. S. Coodey. 



Hon. B. F. Butler, Secretary of War, ad interim, to the Cherokee 
Delegation— March 11th, 1837. 

War Department, March 11th, 1837. 

Gentlemen — The press of business connected with the termination of the ses- 
sion of congress, has prevented an earlier reply to your letter of the 28th ultimo. 

In your letters of the 13th and 22d ultimo, you described yourselves as a de- 
legation duly authorised by, and representing, " The Cherokee nation, east and 
west of the Mississipjri." The official character, thus claimed, the president 
could not recognise, tor the following reasons : — 

1. All the relations existing between the United States and the Cherokee na- 
tion, east of the Mississippi, are defined and settled by the treaty made with that 
part of the nation, and ratified by the president and senate in May, 1836, and 
the provisions of previous treaties not inconsistent therewith. Since the conclu- 
sion of that treaty, nothing remains for discussion with that part of the nation, 
except such matters as belong to the execution of the treaty ; and, in regard to 
all such matters, the twelfth article of the treaty appoints a committee of twelve 
persons to transact the same on the part of the Indians. 

2. The relations existing between the United States and the Cherokee nation, 
west of the Mississippi, are also defined and settled by certain treaty provisions ; 
and, though delegations may, from time to time, be authorised to act for that 
part of the nation, yet, in the present posture of affairs, no such delegation as 
yours was described to be — that is — a delegation professing to represent the na- 
tion on both sides of the Mississippi, to the exclusion of the committee above re- 
ferred to, can be recognised. 

3. The claim to the official authority described in your letters, when taken in 
connection with the fact, that some of your number have denied the fairness and 
validity of the late treaty, and have taken measures to defeat its execution, made 
it improper, in the judgment of the president, to recognise you in such charac- 
ter, unless he was willing to re-open the discussions settled by the treaty. This, 
as you well know, he had previously decided, could not be done. In order, there- 
fore, to avoid useless and irritating discussions, as well as from a deliberate sense 
of duty, he was constrained to give me the direction stated in my letter. 

I forbear to enlarge on topics, the discussion of which cannot be productive of 
any good ; and will, therefore, merely repeat the assurance, that any suggestion 
you may have occasion to make, as individuals, or any business you may be au- 
thorised to transact, consistently with the treaty stipulations existing between the 
United States and the Cherokee people, will receive a prompt and liberal consi- 
deration. 

Very respectfully, your most obedient servant, 

B. F. BUTLER, 
Secretary of War, ad interim. 
Messrs. Jno. Ross and others, Washington City. 



33 

Copy of a Letter to the Hon. Joel R. Poinsett, Secretary of War — 

March lGth, 1837. 

Washington City, March 16th, 1837. 

Hon. Joel R. Poinsett, Secretary of War. 

Sir — The undersigned representatives of the Cherokee nation, east and west of 
the river Mississippi, beg- leave, herewith, to lay before you their credentials : 
and, also, to submit, through your department, the enclosed communication for 
the consideration of the president of the United States. Trusting, from the im- 
portance of the subject, that a reply, embracing the decision of the executive, 
will be returned as soon as practicable. — With great respect, we have the honour 
to be, sir, 

Your obedient servants, 

Jno. Ross. George Sanders, his ^ mark. 

R. Taylor. John Looney, his jxj mark. 

James Brown. Aaron Price, his >*< mark. 

Samuel Gunter, his jxj mark. Wm. Dutch, his ^ mark. 

John Benge, his ^ mark. W. S. Coodey. 



Address of the Cherokee Delegation to the President of the United 
States— 16th March, 1837. 

To the President of the United States. 

Sir — The people constituting the Cherokee nation, beg leave to congratulate 
you on your accession to the lofty and dignified situation which you have been 
called upon, by your countrymen, to fill. That this event may prove, under the 
blessing of Providence, equally beneficial to those over whom you now preside, 
as honourable to the individual upon whom so valued a trust has been reposed, 
is our most earnest and sincere prayer. 

Among those who have been placed under your protecting influences, may we 
not be permitted to number ourselves, and may we not be allowed, alter the man- 
ner of our fathers, to address the president of the Union, as their guardian and 
their friend, as holding in his hands the equal scales of justice and the power to 
enforce his decisions. 

It is in this character that the Cherokee nation venture to approach the ex- 
ecutive, to ask for a hearing ; that their claims be investigated, and that such 
measure of justice be meted to them as shall appear to be due. Beyond this they 
have nothing to ask ; within these limits they will not indulge an apprehension 
that they shall meet with a refusal. 

The undersigned have been, in full council of the nation, appointed a delega- 
tion to confer with the executive ; they are clothed with powers to open negotia- 
tions and to adjust, upon the most liberal terms, all the subjects in which the 
United States take an interest. 

The government has been apprised, in part, of the insuperable objections to 
the acknowledgment, by the nation, of the (so called) treaty, submitted to the 
senate for its ratification in 1836. If you will listen to us, we will briefly refer 
to some of them ; and we beg your excellency to understand us, in this matter, 
as speaking what we believe to be the feeling and language of more than nine- 
tenths of our nation. 

The individuals who now address you as the representatives of the Cherokee 
nation are, in a degree, the same who, under a similar authority, came to the 
seat of government during the latter part of the year 1835, for the purpose of 
executing the same duties with which they are now charged. The circum- 
stances which induced them thus to visit Washington, are detailed in their me- 
morial to the senate during its then session. Subsequent to the annunciation of 
their plan of operations, an individual hastened on in advance of them, and re- 
turned, with great rapidity, the bearer of communications expressive of the wish 
of the executive, that we should abandon this case, and negotiate in the nation 



34 

itself. Apprehensive of some misunderstanding on the subject, and finding it too 
late to institute a new plan of operations, we proceeded on our journey, and 
reached the seat of government. 

Our reception was kind, ard we were acknowledged to be entitled to the cha- 
racter which wc claimed to ■ Our credentials were exhibited, and in an 
official interview with the president, wc were informed by him, that whenever 
we should present any proposition for the consideration of the government, 
through the war d< ild be immediately attended to. 

While engage d in preparing our communications, in pursuance of this proffer, 
we learned thi jence had been received that a treaty had in fact been en- 

tered into at New Echota. It was from this period that our troubles began to 
assume a more positive character. To this instrument, subsequently received, 
and, alter many most material changes in its substantial provisions, submitted to 
the senate for its ratification, are we to attribute the distress under which our 
nation now labours, and the dangers which impend over us. 

The Cherokee nation never authorised the formation of this spurious compact. 
They never conferred upon the individuals who signed it any authority to give 
it tli' ir assent. They have never recognised its validity, and never can. They 
have protested against it as a fraud upon then . nd upon l ' d States. 

They have proffered themselves able to establish all th< lions by the most 

abundant proof. They ask of you, sir, that these allegations be examined fully, 
and by impartial evidences, enjoying your entire confidence. By the results of 
such an i. 1 ion, by your own judgment upon the fairness, the justice, the 

legality of this act, and the proa connected, with it, they must necessarily 

abide. Will the government of the United States claim the right to enforce a 
contract thus assailed by the other nominal party to it? Will they refuse to ex- 
amine into charges of such grave import? Will they act in matters so momen- 
tous, involving consequences so awful, without inquiry ? The memorials we 
have so fondly cherished, of the affectionate I . the pure virtue, the justice 

which have been exhibited towards our people, by Washington, by Jefferson and 
others, your honoured predecessors, the faith of the government, so repeatedly 
and so solemnly pledged to our fathers and ourselves, the sanctions of that holy 
religion which you have taught us, in which we have learned so to do unto others 
as we should wish them to do unto us; all forbid us to apprehend that the United 
States will knowingly and deliberately wrong those who have aided them in their 
hour of peril; who have leaned upon their protecting arm; who have confided 
in their friendship ; who have trusted every thing to their honour and their jus- 
tice. 

On such an occasion as the present, wc shall not intrude upon your valuable 
time by presenting in detail all the circumstances upon which the Cherokee na- 
tion rest their objections to the paper called the Treaty of New Echota. At the 
same time we feel it a duty we owe to you, as well as to ourselves, not to leave 
this matter resting upon generalities, however strong, without some degree of 
specification. 

I. We aver that the Cherokee nation never authorised its formation. 

In all negotiations with ourselves, and we believe every other Indian nation, 
the government of the United States have conducted them with the regularly au- 
thorised agents of the other party. The internal arrangements of our nation, by 
which certain persons are clothed with powers to represent and act for the whole, 
have been long known and constantly recognised. No government has ever 
claimed the right to pass by the regular representatives of another people, to car- 
ry on negotiations witli any who may claim, without exhibiting lull authority 
from those whom they profess to represent, and whom they undertake to bind. 

In this instance, those who were regularly invested with this authority, were 
at Washington. The initiatory steps had been taken to commence negotiations. 
Were the powers which had been given, and which were then in the act of be- 
ing exercised, ever revoked or superseded ? We have never heard of any such 
proceeding. All that we have heard, and all that we have seen, negatives such 
an idea. The letter from Mr. Secretary Cass, of January 16, 1836, which an- 
nounces to us that Mr. Schcrmerhorn had reported the formation of the treaty, 
is addressed to us in our official character. The letter of the 13th February ap- 



35 

prises us, for the first time, that this official character cannot be recognised. If 
the proceedings at New Echota were not, in fact, the authoritative proceedings 
of the nation, they must be disregarded as inadequate to operate a cancellation 
of our powers. 

Admitting, however, for a moment, that these proceedings were regular, the 
parties who came on as delegates under the council at New Echota, on the 6th 
February, 1836, address a letter to the Cherokee delegation now in Washington 
City, in which they speak of " your constituents at home," and in which they 
assure us that "in doing what the people have done at New Echcta, it was with 
no view to lay any obstacles in your way." In a subsequent passage they say, 
"We assure you of the heartfelt satisfaction that it would give us, and certainly 
our constituents, if you have settled, or can settle, our difficulties with the govern- 
ment, by a treaty." Still further, "We are instructed, in case that you have not 
already made, or arc able to make, a better ;" and they conclude with a proffer 
of any assistance in their power, to those whom they address. 

It would be difficult to gather, from this communication, the fact that " our 
constituents" had revoked the powers which had been previously given. The 
continuance of them is expressly recognised. 

The letter of E. Herring, of February 13, 1836, which first informs us that 
our official character is denied, places such denial upon the single ground of our 
having come on to Washington after being notified by the president that a dele- 
gation would not be received in Washington. We were also informed, by the 
secretary, that Mr. Schermerhorn had contemplated bringing a delegation from 
the other Indians of the Cherokee nation, but that he had instructed him not to 
bring on a single person. To us, not very conversant with such matters, and to 
whom this species of difficulty was equally unknown and unexpected, it wore 
the appearance of singularity that, notwithstanding the proposition to Mr. Scher- 
merhorn, he did, in fact, bring with him what purported to be a delegation ; that 
they were received as such ; and that, although Mr. Herring, in his letter of the 
above date, appears to draw a distinction between their case and our own, that 
they were sent on to effect a ratification, and not to make a new treaty ; yet 
when, by the absolute refusal of the president to recognise some of the most pro- 
minent provisions in that instrument, and in reference to which the council, from 
which they received their authority, had been so distinct in the expression of their 
views, and in which the commissioner did not appear to think he had transcend- 
ed his powers, so that it became necessary, in fact, to make, substantially, a new 
arrangement, these objections were all permitted to sleep, so far as regards them. 
Even in relation to those who held the first authority, the ground was changed in 
the very same letter of Mr. Herring, who informed us that, provided we would 
sign the treaty, as it then was, we also should be recognised 

If, under all these circumstances, wc have been unable distinctly to under- 
stand the views of the government, or to reconcile all their proceedings with what 
appeared to us to be their language, the whole difficulty ought not to be attributed 
to any deficiency on our part. 

In point of fact, however, the meeting at New Echota did not fully represent 
the Cherokee nation. Statements have been made, from different sources, show- 
ing the number there present. The largest number, including men, women, and 
children, Indians and negroes, does not exceed seven hundred ; while highly re- 
spectable witnesses positively aver, that not more than three hundred were as- 
sembled, and only seventy-nine approved of what was done. In determining whe- 
ther such an instrument imposes on the Cherokee nation the obligation of per- 
forming its stipulations, surely it is important to understand by how many it was 
sanctioned, and by what authority they undertook to bind others who were not 
professed parties. The very manner in which these proceedings purport to be 
verified are so singular to our eyes — so different from what has been customary 
on similar occasions, that this circumstance alone is calculated to awaken suspi- 
cion, and to strengthen our statements. 

Sustained, however, as w T e are, we unhesitatingly assert the fact, that less than 
one hundred individuals, of the Cherokee nation, irregularly convened, and act- 
ing irregularly, ever sanctioned this instrument, so far as even to assent to the 
appointment of the individuals by whom it was signed. 



36 

This we consider as not only unjust to us, but equally so to the United States, 
In the instructions given to the commissioners it is expressly stated, that although 
there can be no objection to a tree interchange of opinion, and a condit: 
arrangement on all disputed points between them and a con.. . ihirlv and 

publicly chosen, should I -it prorx: I mit the -letails, in 

the first instance, to such a committee : but the final action upon the subject 
must be had by the people themselves in op^ :. * If there is -oute 

astn to - isian I I in actual census will be taken c: I rsons 

;. : -ent, exhibiting their :. -. od they will pass re the comr. 

and state whel 1 rein ar of or against the arrangement prop - 

and this census, together with the result, will be certified bv the comr. 
and transmitted v - ther proceedings to the seat of government/' In a 

previous communication made by these same commissioners to one of the un- 
dersign . - the ''princip>: \t rokee nation,'' it was distinctly ass that 

"the commissioners, in their instructions, are required to obtain the consent of a 
majority of your headmen and warriors to a treaty to make it valid, and for 
purpose it is necessary to have an accurate census of the nation taken now." 
In the a>_. rese Fl .resident on the 16th of March, lr-35, to the nation, we 
were given to understand, that with 1 nation a: the power of 

mately acceding t^ or net the proposed terms. It was the understanding of this 
delegation and of the nation, that this course should be pursued, and the very 
notice under which the council :.: N :a was convenec. apon the 

individuals of the nation to act for themselves in the business, — and implied the 
a " : the nation collectively I I I the tei as propose 

If aiter all this public and mutual understandir. g instra h origi- 

nated in a meeting where not one-twentieth pari : nation was convened, 

most essentially varied after having been submitted to their inspection, and ulti- 
mately approved only bv the small number who actually affixt it signal ares 
to it, can be eons . tea whole Chei . :>n, upon the 
same pri:. Les anot we may i - I sign with any twe 
citizens 0: : e United States g no pub.: stal :nal 
act. might, had we the power, be enforced ag I of stripping 
citizen of his home and of his 
II. Nor can there be that the rokee nation 
have ever assented to the instrument in question, by any s - I id which 

.:;:.. Tiie whole nation had been led to believe 

from the official 1 . . a ress I :aem, that whatever might be done by 

uld not be held obligatory until it had received the appro- 

n of the nation. Ned 3 no £ sanction ever been obtained, b.: 

l as ' " r 1 S : n ft m * lis being the case, e - - 

means has been resorted 1 - among them. 

- x>ps has bee a stal rokee nation, prepared to 

put down any meeting convened to deliberate up L The command- 

gh character is a guaranty that Is ting in obedience 

bis general ord r N bear 3. 183 s, in terms 

too plain and sag t 1 :> be misunderstood, apprised us of the consequences 

which will follow any attempt to ascertain and concentrate the opinions of our 

people. Several instances have already occurred in which u sts ve been 

mac - supposed to be ini:. as it is died. In 

short, the whole weight and innuen. I government has been exerted to aid 

the s. .on which has usurped the right to bind us, to alarm the timic. - 

overpower the resolute, to persuade the confiding, to com v. ik among us 

- - -ion to this instrument: — with v — the government of 

the Unit-. I States has been ria L We hold in our hands a docu:;. - -ing 

that * great bulk of I has repudiated — nies its 

roe — that it re . - - - mce 

the undersigned have been a - ■ - 

nation, held at New Eehota, convened by I genl I of 

the command: g gej . aL, when I ision as 

to the disposition to be mac i y due the na: treaties 

it was found that but ninety-seven votes could be procured in favour of the indi- 



37 

viduals who had assumed to act as the agents and representatives of the nation, 
and of this small number no one voted in the regular way and upon the ground ; 
while twelve hundred and sixty-nine gave their votes against this party. Such, 
as we are informed, was the result of the meeting on the 15th ultimo. 

These are, we submit to your excellency, manifestations not to be misunder- 
stood of the state of opinion and of feeling among us. We are aware that efforts 
have been made to injure us in the estimation of this government — as individuals 
our characters have been assailed — our motives misrepresented — our conduct 
and our acts distorted. We cannot, however, but believe that among the many 
high-minded and honourable men who know us, and enjoy your confidence, some 
may be found who have done and will do us justice. 

We do not arrogate to ourselves so high a standing in your estimation as to 
authorise us to ask that you will rely implicitly upon our statements ; but we 
have deceived ourselves most egregiously if we have not presented to the con- 
sideration of the government sufficient grounds to induce hesitation and enquiry. 
You have at your command hundreds of individuals to whom you may confide 
the duty of making the investigation which we solicit. Select such as you can 
implicitly believe; associate with them but a single individual to be appointed 
by us to direct to the sources of information, and if we fail to establish the truth 
of our allegations, we shall no longer ask you to delay exercising your power in 
the enforcement of your rights. Should it, however, appear from such investi- 
gation, that this instrument has been made without authority, that it meets with 
the almost unanimous reprobation of our nation, that you have been deceived by 
false information, we cannot and we Avill not believe that under its colour, and 
under the sanction of those principles of justice which impose an obligation 
faithfully to perform our compacts and our promises, we shall be forced to sub- 
mit to its iniquitous provisions. Sooner would we ask you to make no investiga- 
tion, institute no inquiry — satisfy yourselves, endeavour to satisfy mankind and 
your God that all is right — assert the imperative duty of conforming to treaty 
stipulations — stand upon the high ground of power, employ your strength and 
drive to desperation, to exile, and to death, those whom you have called your 
children, and who have placed themselves under your protection. Our fate is in 
your hands. May the God of truth tear away every disguise and concealment 
from our case. May the God of justice guide your determination, and the God 
of mercy stay the hand of our brother, uplifted for our destruction. 

During the recent session of congress, the undersigned addressed a memorial 
to that honourable body. The late period of the session, and the multiplied en- 
gagements which attend such a period, precluded any definitive action upon it. 
In the senate it was merely ordered to lie on the table, and in the house of re- 
presentatives no opportunity occurred to present it. At the ensuing session it 
will be again submitted, should it, contrary to all our hopes, be then considered 
necessary. We have the honour of submitting a copy of that memorial to your 
excellency, and pray for that your most earnest consideration. 

The documents we have witli us, and which have been seen by the commis- 
sioner of Indian affairs and by the secretary at war, show that we are now 
fully empowered, as we were in 1836, to negotiate upon all matters with the 
United States. We are prepared at once to enter upon such negotiation, and we 
believe that all difficulties may be arranged to the mutual satisfaction of all 
parties. 

In conclusion, we pray your excellency to understand our propositions as be- 
ing specifically either — 

1. To enter into a negotiation with the undersigned in reference to every mat- 
ter mutually interesting to the United States and to the Cherokee nation. 

2. To have a full and impartial examination of all sources of information, 
for the purpose of ascertaining whether the Cherokee nation, in conformity 
with its political institutions and forms, long recognised by the United States, 
ever authorised the execution of the instrument signed at New Echota, 
and the additional articles signed at Washington, or ever gave to them their 
sanction and ratification ; or, 

3. That the instrument in question be now submitted for approval or rejection 

6 



38 

to the full, free, and unbiased choice of the Cherokee nation, in general council 

assembled. 

We have the honour to be, sir, very respectfully, your most obedient servants, 

John Ross, R. Taylor, James Brown, Samuel Gunter, John Benge, George San- 
ders, representatives of the Eastern Cherokees. John Looney, Aaron Price, 
Wm. Dutch, W. S. Coodey, delegates from the Western Cherokees. 

Washington City, March 16, 1837. 



ADDRESS TO THE CHEROKEES. 

Head Quarters, Army Cherokee Nation, New Echota, Ga. 
March 22d, 1837. 

Cherokees — It is nearly a year since I first arrived in this country. I then in- 
formed you of the objects of my coming among you. I told you that a treaty 
had been made with your people, and that your country was to be given up to 
the United States by the 25th May, 1838, (a little more than a year from this 
time,) when you would all be compelled to remove to the West. I also told you, 
if you would submit to the terms of the treaty I would protect you in your per- 
sons and property, at the same time I would furnish provisions and clothing to the 
poor and destitute of the Nation. You would not listen, but turned a deaf ear to 
my advice. You preferred the counsel of those who were opposed to the treaty. 
They told you what was not true — that your people had made no treaty with the 
United States, and that you would be able to retain your lands, and would not be 
obliged to remove to the West, the place designated for your new homes. Be no 
longer deceived by such advice! It is not only untrue, but if listened to, may 
lead to your utter ruin. The President, as well as Congress, have decreed that 
you should remove from this country. The people of Georgia, of North Carolina, 
of Tennessee and of Alabama, have decreed it. Your fate is decided , and if you 
do not voluntarily get ready and go by the time fixed in the treaty, you will then 
be forced from this country by the soldiers of the United States. 

Under such circumstances what will be your condition? Deplorable in the 
extreme ! Instead of the benefits now presented to you by the treaty, of receiv- 
ing pay for the improvements of your lands, your houses, your cornfields, and 
your ferries, and for all the property unjustly taken from you by the white people, 
and at the same time, blankets, clothing and provisions for the poor, you will be 
driven from the country, and without a cent to support you on your arrival at 
your new homes. You will in vain flee to your mountains for protection. Like 
the Creeks, you will be hunted up and dragged from your lurking places, and 
hurried to the W T est. I would ask, are you prepared for such scenes? I trust 
not. Yet such will be your fate if you persist in your present determination. 

Cherokees : I have not come among you to oppress you, but to protect you, and 
to see that justice is done you, as guarantied by the treaty. Be advised, and 
turn a deaf ear to those who would induce you to believe that no treaty has been 
made with you, and that you will not be obliged to leave your country. They 
cannot be friends, but the worst of enemies. Their advice, if followed, will lead 
to your certain destruction. The President has said that a treaty has been made 
with you, and must be executed agreeably to its terms. The President never 
changes. 

Therefore, take my advice : It is the advice of a friend, who would tell you the 
truth, and who feels deeply interested in your welfare, and who will do every 
thing in his power to relieve, protect and secure to you the benefits of the treaty. 
And why not abandon a country no longer yours? Do you not see the white 
people daily coming into it, driving you from your homes and possessing your 
houses, your cornfields and your ferries ? Hitherto I have been able in some 
degree, to protect you from their intrusions; in a short time it will no longer be 
in my power. If, however, I could protect you, you could not live with them. 
Your habits, your manners and your customs are unlike, and unsuited to theirs. 
They have no feelings, no sympathies in common with yourselves. Leave then 
this country, which after the 25th May, 1838, can afford you no protection! and 
remove to the country designated for your new homes, which is secured to you 



39 

and your children for ever; and where you may live under your own laws, and the 
customs of your fathers, without intrusion or molestation from the white man. 
It is a country much better than the one you now occupy ; where you can grow 
more corn, and where game is more abundant. Think seriously of what I say 
to you ! , Remember that you have but one summer more to plant corn in this 
country. Make the best use of this time, and dispose of your property to the best 
advantage. Go and settle with the Commissioners, and with the emigrating 
Agent, Gen. Smith, receive the money due for your improvements, your houses, 
your cornfields and ferries, and for the property which has been unjustly taken 
from you by the whitemen, and at the appointed time be prepared to remove. In 
the mean time, if you will apply to me or my Agents, I will cause rations, 
blankets and clothing to be furnished to the poor and destitute of your people. 

JOHN E. WOOL, 

Brigadier General Commanding. 



Copy of a Letter from Hon. J. R. Poinsett, Secretary of War, 

March 24, 1837. 

War Department, March 24, 1837. 

Gentlemen — Your memorial of the IGth instant, addressed to the president 
of the United States, has been laid before him, and I now proceed to communi- 
cate to you his decision upon the propositions you have submitted. 

The treaty concluded at New Echota, on the 29th of December, 1835, has 
been ratified, according to the forms prescribed by the constitution, and it is 
the duty of the executive to carry into effect all its stipulations, in a spirit of 
liberal justice. The considerations to which you have invited the attention of the 
president, were brought to the notice of the senate, before they advised its con- 
firmation, and of the house of representatives, before they made the appropria- 
tions therein provided for. Their final action must be regarded as the judgment 
of these branches of the government, upon the degree of weight to which they 
were entitled. It remains for the executive to fulfil the treaty, as the supreme 
law of the land. 

Your second and third propositions, therefore, it is considered, cannot be 
acceded to, as they involve an admission that the treaty of 1835 is an incom- 
plete instrument. To your first proposition I can only answer, as the depart 
ment has already assured you that any measure suggested by you will receive 
a candid examination, if it be not inconsistent with, or in contravention of the 
provisions of the existing treaty. 

Very respectfully, your most obedient servant, 

(Signed) J. R. POINSETT. 

Messrs. John Ross, R. Taylor, James Brown, Samuel Gunter, John Benge, 
George Sanders, John Looney, Aaron Price, William Dutch, and W. S. 
Coodey, Eastern and Western Cherokees, Washington. 



(COPY.) 

Washington City, May 4th, 1837. 
To the Hon. Joel R. Poinsett, Secretary of War. 

Sir — Since taking leave of you and my separation with those of my colleagues 
who have returned homewards, it has become my duty to address you this letter 
previous to my leaving the metropolis of the United States for the Cherokee Na- 
tion. C 

I will not occupy your attention with a recapitulation of all that passed between 
us at our several interviews, on the subject of Cherokee affairs. Being informed 
that General Wool will be relieved of his military duties in the Cherokee country 
by Colonel Lindsey — I beg leave to call your attention to certain acts of oppres- 
sion and injustice complained of by the Cherokees, and to ask that justice may 
now be extended in reference to them. 



40 

In the summer of 1835, the Georgia Guard, under the command of Colonel 
Wm, A. Bishop, by authority of Mr. Benjamin F. Currey, the superintendent of 
Cherokee removals, forcibly seized the printing press, types, books, papers and 
other materials pertaining to a printing office, belonging to the Cherokee Nation ; 
and notwithstanding applications for their restoration having been made* they are 
still retained. 

In the summer of 1836, Brigadier General John E. Wool required the Chero- 
kees of the Valley Towns to surrender up their guns to his command; and as a 
proof of their peaceable disposition towards the citizens of the United States, 
about two hundred (or upwards) guns were brought in and delivered up by the 
Cherokees, to that officer. And when it was believed that General Wool could 
not but see that there was no propriety in withholding these arms longer, the 
Council of the nation, in the fall of that year, at the instance of the owners, 
solicited the General to restore the guns — but I am not informed that it has been 
done, even up to the present time. 

Some time in December last, when a Committee of the nation, appointed by 
the General Council, consisting of Messrs. Lewis Ross, Richard Taylor, Daniel 
M'Coy and Elijah Hicks, met at the house of John Martin, late treasurer of the 
Nation, for the purpose of settling his accounts preparatory to his emigration to 
Arkansas. At a late hour of the night, Mr. Martin's house was surrounded by 
United States soldiers; and in the morning, the officers in command demanded 
all the public papers of the nation, and forcibly took the treasurer's account- 
book and other papers. Mr. Martin, together with the Committee (excepting Mr. 
Taylor, who was not present) were then made captives, and escorted by the mili- 
tary to head quarters, before General Wool, a distance of twenty miles. The 
commanding general, after liberating these gentlemen, made a general demand 
of them for all the public papers of the nation, and threatened, if they were not 
surrendered up to him that he should be under the painful necessity of arresting 
all the leading men of the nation. 

These unaccountably strange proceedings no doubt occurred under the pretext 
and authority of executing the "General Order, No. 74." — You will pardon me 
for repeating the suggestion to you, of the necessity for superseding the former 
instructions of the Department, upon which the aforesaid " General Order" was 
based, by those which are now to be given to Colonel Lindsey. 

My most ardent desire for avoiding every possible ground of difficulty between 
the officers of the government and the Cherokees, prompts me to ask the indul- 
gence of being furnished with a copy of the instructions which shall be given to 
that officer.:* and, in conclusion, to ask the printing press, types, books, papers, 
&c, belonging to the Cherokee Nation, and the guns of individual Cherokees, 
seized and detained as herein stated, be now ordered to be restored without fur- 
ther detention. 

I have the honour to be, sir, with great respect, 

Your obedient humble servant, 

JOHN ROSS, 

In behalf of the Cherokee Delegation. 

* This request was made at the suggestion of Colonel Lindsey. It has not as 
yet been met; but the Hon. Secretary, on a personal interview, assured me, that 
the contents of this letter would be attended to. J. Ross. 






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